Addison v. John Christy & Co.
Supreme Court of Georgia
Statute of limitations. Account. John Christy & Company brought complaint against John O. Addison on an account dated January 31st, 1866, for $1,029 61, with a credit of $475 25, of date February 7th, 1866. The declaration was filei^n office on March 19th, 1870. The defendant pleaded the statute of limitations. Pending the litigation, he died, and his administratrix was made a party. The plaintiffs proved their account and closed.
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Statute of limitations. Account. John Christy & Company brought complaint against John O. Addison on an account dated January 31st, 1866, for $1,029 61, with a credit of $475 25, of date February 7th, 1866. The declaration was filei^n office on March 19th, 1870. The defendant pleaded the statute of limitations. Pending the litigation, he died, and his administratrix was made a party. The plaintiffs proved their account and closed. The defendant introduced no testimony, but requested the Court to charge as follows: “That, it appearing from the account sued on that it was contracted more than…
1Opinion of the Court
Trippe, Judge.
The 8th section of the Act of March 16th, 1869, is in the following words: “That all cases of the character, mentioned in any section of this Act, which have arisen, or in which the right of action or the liability has accrued, or the contract has been made since the 1st Jrnie, 1865, shall be controlled and governed by the limitation laws, as set forth in the Revised Code of. Georgia, adopted by the new Constitution of this State.”
In the case of W. A. Black et al. vs. T. R. Swanson, decided at the present term, it was held that, by the plain terms and meaning of this section, a…
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