Legal Opinion

Piedmont Hotel Co. v. Henderson

Court of Appeals of Georgia

Decided September 11, 1911No. 3177PublishedCited by 44 opinions

Action for damages; from city court of Atlanta — Judge Eeid. December 14, 1910. The plaintiff was employed as a chambermaid in the Piedmont Hotel in Atlanta. About ten o’clock on the night of September 16, 1905, she was suspected of having stolen a pnrse and a dollar bill from one of the rooms.

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Action for damages; from city court of Atlanta — Judge Eeid. December 14, 1910. The plaintiff was employed as a chambermaid in the Piedmont Hotel in Atlanta. About ten o’clock on the night of September 16, 1905, she was suspected of having stolen a pnrse and a dollar bill from one of the rooms. The manager and tbe assistant manager of the hotel and a special policeman (nominally employed by the city, but in fact employed and paid by the hotel company) confronted her with the alleged theft, and the policeman, at the instruction of the other two gentlemen, arrested her. The manager consulted…

1Opinion of the CourtPowell, J.

(After stating the foregoing facts.)

1. The first point, and perhaps the most troublesome point in the 'record, arises upon the defense under the statute of limitations. The present suit was not filed within the statutory period, but the jolaintiff relies on section 4381 of the Civil Code (1910), which is as follows: “If a plaintiff shall be nonsuited, or shall discontinue or dismiss his case, and shall recommence within six months, such renewed case shall stand upon the same footing, as to limitation, with the original case: but this privilege of dismissal and renewal shall be exercised only…

2Cases cited25 opinions

  1. Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
  2. Cox v. StricklandSupreme Court of Georgia · 1904
  3. Tooke v. StateCourt of Appeals of Georgia · 1908
  4. Atlanta, Knoxville & Northern Railway Co. v. WilsonSupreme Court of Georgia · 1904
  5. Augusta & Summerville Railroad v. Randall & WifeSupreme Court of Georgia · 1890

20 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. McBride v. United StatesCourt of Appeals for the Fifth Circuit · 1922
  2. Collins v. SadloCourt of Appeals of Georgia · 1983
  3. Vlass v. McCraryCourt of Appeals of Georgia · 1939
  4. Duchess Chenilles Inc. v. MastersCourt of Appeals of Georgia · 1951
  5. Diamond v. MarlandDistrict Court, S.D. Georgia · 1975

39 more not listed; retrieve them via the Exa API.

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