Legal Opinion

Edwards v. Ross

Supreme Court of Georgia

Decided January 15, 1877PublishedCited by 16 opinions

Statute of Limitations. Administrators and Executors. Renewal. Before Judge Hill. Bibb Superior Court. April Term, 1876. Elizabeth G-. Edwards, as administratrix upon the estate of James C. Edwards, deceased, brought assumpsit against Albert B. Ross, as administrator upon the estate of Thomas Taylor, deceased, for $11,328.25, with interest from January 1st, 1863. Her declaration made, in brief, the following case: Edwards was a general land agent residing in Macon, and…

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Statute of Limitations. Administrators and Executors. Renewal. Before Judge Hill. Bibb Superior Court. April Term, 1876. Elizabeth G-. Edwards, as administratrix upon the estate of James C. Edwards, deceased, brought assumpsit against Albert B. Ross, as administrator upon the estate of Thomas Taylor, deceased, for $11,328.25, with interest from January 1st, 1863. Her declaration made, in brief, the following case: Edwards was a general land agent residing in Macon, and having his business office there. In May, 1857, he entered into a written contract with Taylor, then temporarily in Macon,…

1Opinion of the Court

Bleckley, Judge.

1. In the limitation laws of Georgia, there is no saving in favor of a creditor because of the absence or non-residence of his debtor, if the debtor never resided here—15 Ga., 1; 32 Ib., 253; 54 Ib., 126.

2. The fact that at the passage of the act of March 16th, 1869, the debtor was both a non-resident and lunatic (having over him a committee who was also a non-resident,) and so continued until his death in April, 1811, did not obviate the bar of the statute to an action brought, October 6th, 1814, against his administrator, upon a contract made in 1851 which became due in…

2Cases cited2 opinions

  1. Wynn v. BookerSupreme Court of Georgia · 1857
  2. Ross v. EdwardsSupreme Court of Georgia · 1874

3Cited by16 opinions

  1. National Park Bank v. Concordia Land & Timber Co.Supreme Court of Louisiana · 1925
  2. McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
  3. Mills v. ScottSupreme Court of the United States · 1879
  4. McDowell v. McDowellSupreme Court of Georgia · 1942
  5. Robinson v. BoydSupreme Court of Georgia · 2010

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