Legal Opinion

Allen v. Stephens

Supreme Court of Georgia

Decided August 10, 1897PublishedCited by 8 opinions

Complaint. Before Judge Harris. Carroll superior court.. October term, 1896.

1Opinion of the CourtLumpkin, P. J.

1. As a general rule, “where a right depends upon some condition or contingency, the cause of action accrues and the statute runs-only from the fulfilment of the condition or contingency.”, This is true because “it is a general rule of law that if a plaintiff sues on a cause of action, he must recover, once for all, all damages incident to it, past, present and future, certain or contingent.” 13 Am. & Eng. Ene. L. pp. 720-721, 722-723.

2. Accordingly, where a party’s right to recover a greater or less fractional part of a sum of money in the hands of another depended upon whether a widow did…

2Cited by8 opinions

  1. State ex rel. Cardin v. McClellanTennessee Supreme Court · 1904
  2. Central Bank & Trust Corp. v. StateSupreme Court of Georgia · 1912
  3. Atlanta Elevator Co. v. Fulton Bag & Cotton MillsSupreme Court of Georgia · 1899
  4. Houser v. Farmers' Supply Co.Court of Appeals of Georgia · 1909
  5. Busby v. MarshallSupreme Court of Georgia · 1906

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