Legal Opinion

Smith v. Hudspeth

Supreme Court of Georgia

Decided September 15, 1879PublishedCited by 2 opinions

Administrators and executors. Statute of limitations. Pleadings. Before Judge Wright. Baker Superior Court. May Term, 1879. Reported in the opinion.

1Opinion of the Court

Bleckley, Justice.

The action was commenced in 1877 upon notes due in 1868, and upon an account contracted in 1870. The ordinary period of limitation applicable to the notes is six, and to the account four years. Code, §§2917, 2918. But where, as here, the debtor is dead, his administrator is allowed twelve months to look into the condition of Ms estate, (Code, §2530,) and during that interval is exempt from suit. Of course, too, there can be no action between the death of the intestate and the grant of administration, for there is no party who can be made defendant. This declaration is in the…

2Cited by2 opinions

  1. Hawes v. GlovesSupreme Court of Georgia · 1906
  2. Johnson v. JohnsonSupreme Court of Georgia · 1887

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API