Black v. Swanson
Supreme Court of Georgia
Statute of limitations. Swanson sued Black in the Justice Court of the seven hundred and eighty-ninth district, on a note which it is impossible to set forth, as the record fails to disclose a copy. The case was carried by appeal to the Superior Court, Henry S, Davis becoming the security for Black, the appellant.
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Statute of limitations. Swanson sued Black in the Justice Court of the seven hundred and eighty-ninth district, on a note which it is impossible to set forth, as the record fails to disclose a copy. The case was carried by appeal to the Superior Court, Henry S, Davis becoming the security for Black, the appellant. The defendant pleaded as set-off anote made by Swanson on January 2d, 1865, due December 25th thereafter, payable to the defendant or bearer, for $400 00. This plea was filed on June 8th, 1871. The plaintiff introduced the note sued on and closed. The defendant introduced the note…
1Opinion of the Court
Trippe, Judge.
It cannot be denied that there is great difficulty, if indeed there be not an impossibility in construing the Act of March 16th, 1869, entitled “An Act in relation to the statute of limitations,” etc., so as to make all parts consistent with each other. The 3d section, which is the first one in the Act touching actions on contracts, refers to bonds and other sealed instruments, and also to statutory actions. This section speaks of actions on bonds, etc., “ which accrued prior to 1st June, 1865, not now barred,” and declares that they must be brought by 1st January, 1870. The 4th…
2Cited by1 opinion
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