Baumgartner v. McKinnon
Supreme Court of Georgia
Tbe Court of Appeals certified to tbe Supreme Court tbe following question: “Does tbe appointment of a temporary administrator constitute ‘ representation ’ upon • tbe estate of the decedent, within the purview of Civil Code (1910), § 4376, which provides that ‘ the time between the death of a person and representation taken upon his estate . . shall not be counted against his estate/ for the purposes of the statutes of limitation of actions? In this connection counsel for…
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Tbe Court of Appeals certified to tbe Supreme Court tbe following question: “Does tbe appointment of a temporary administrator constitute ‘ representation ’ upon • tbe estate of the decedent, within the purview of Civil Code (1910), § 4376, which provides that ‘ the time between the death of a person and representation taken upon his estate . . shall not be counted against his estate/ for the purposes of the statutes of limitation of actions? In this connection counsel for plaintiff in error has requested the right to review the decision of the Supreme Court in the case of Scott v. Atwell, 63…
1Opinion of the CourtLumpkin, J.
It is true that the code declares that a temporary administrator may sue to recover debts due the estate (Civil Code *166(1910), § 3937) ; and upon the general analogy of the law that where a person has the capacity to sue, and fails to exercise the right, the statute of limitations will run against him, an argument may be based that, on account of the provision of this section, the right and duty are correlative, and the statute runs against the estate. But, on the other hand, the section of the code to which reference has been made arose, not from legislative enactment, but from the…
2Cases cited6 opinions
- Neal v. BoykinSupreme Court of Georgia · 1907
- Ewing v. MosesSupreme Court of Georgia · 1873
- Banks v. WalkerSupreme Court of Georgia · 1901
- Langford v. LangfordSupreme Court of Georgia · 1888
- Webster v. ThompsonSupreme Court of Georgia · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Collins v. HenrySupreme Court of Georgia · 1923
- Walden v. John D. Archbold Memorial Hospital, Inc.Court of Appeals of Georgia · 1990
- Kitchens v. BrusmanCourt of Appeals of Georgia · 2006
- Deller v. SmithSupreme Court of Georgia · 1982
- Grooms v. MixonSupreme Court of Georgia · 1920
9 more not listed; retrieve them via the Exa API.