English v. Shivers

Duckworth, Chief Justice.

The statutory provision, Code § 113-1526, that no suit to recover a debt due by a decedent shall be commenced against his legal representatives until the expiration of 12 months is for the security of the representative and not for the benefit of others, and if he suffers a judgment thereon its validity thereafter can not be brought into question. Baker v. Shephard, 30 Ga. 706; Hill v. Julian, 119 Ga. 607 (46 SE 834). Therefore, whether or not this be a case in which the personal representative could request a continuance or abatement on this ground, Code §§ 3-402,…