Beard v. Simmons
Supreme Court of Georgia
Debt, in Bibb Superior Court. Tried before Judge Stark, January Term, 1850. This was an action of debt, brought by the defendant in error against the plaintiffs in error, upon several promissory notes made by the plaintiffs to one Aaron Lessell, as the executor of John J. Lanier. Andy McNeal signed the notes by making his mark thereto. The notes were transferred by Lessell to Simmons. The defendants filed the plea of the Statute of Limitations.
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Debt, in Bibb Superior Court. Tried before Judge Stark, January Term, 1850. This was an action of debt, brought by the defendant in error against the plaintiffs in error, upon several promissory notes made by the plaintiffs to one Aaron Lessell, as the executor of John J. Lanier. Andy McNeal signed the notes by making his mark thereto. The notes were transferred by Lessell to Simmons. The defendants filed the plea of the Statute of Limitations. McNeal also filed the plea of non est factum. The plaintiff subsequently amended his declaration in the Court below, by adding a count upon a new…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
[1.] The first ground of error alleged against the judgment of the Court below is, in allowing the plaintiff’s declaration to be amended, by averring the new promise of the defendants, so as to take the case out of the Statute of Limitations. According to the practice of the Courts in England, when the notes are barred by the Statute on the face of the declaration, the defendant pleads the Statute of Limitations, if he intends to insist on it as a de*7fence. In order to avoid the effect of a plea, the plaintiff puts in his replication, averring a…
2Cases cited2 opinions
- Bunn v. HoytNew York Supreme Court · 1808
- Duryee v. DennisonNew York Supreme Court · 1810
3Cited by6 opinions
- Wise v. OuttrimSupreme Court of Iowa · 1908
- Wright v. GeorgiaSupreme Court of Georgia · 1864
- Shumate v. RyanSupreme Court of Georgia · 1906
- Matthis v. StateSupreme Court of Georgia · 1861
- Taylor v. PerdueSupreme Court of Georgia · 1950
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