Legal Opinion

Godley v. Hopkins

Supreme Court of Georgia

Decided August 9, 1906PublishedCited by 2 opinions

Complaint. Before Judge Parker. Camden superior court. March 15, 1905. On September 7, 1904, Godley brought an action against Hopkins, to recover the balance of an alleged indebtedness dne upon an account, an itemized copy of which was attached to the petition and marked “Exhibit A.” The account sued on was very long, and embraced numerous orders, in favor of named persons, filed by the plaintiff and charged to the defendant, and other items of merchandise and cash charged…

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Complaint. Before Judge Parker. Camden superior court. March 15, 1905. On September 7, 1904, Godley brought an action against Hopkins, to recover the balance of an alleged indebtedness dne upon an account, an itemized copy of which was attached to the petition and marked “Exhibit A.” The account sued on was very long, and embraced numerous orders, in favor of named persons, filed by the plaintiff and charged to the defendant, and other items of merchandise and cash charged by the plaintiff to the defendant. The first item upon the account was dated February 11, 1898, and the last item charged…

1Opinion of the CourtCobb, P. J.

It is not contended that there was any merit in The general ground of the demurrer, but counsel for both sides ■agree, as stated by counsel for defendant in error, that “The question before this court is but a single one, and that is whether said suit, under the allegations made, is barred by the statute of limitation.” In our opinion, it does not matter whether the account involved in this case is a “mutual account,” within the strict legal meaning of that term, or not. The statute of limitation did not begin to run until the cause of action accrued. Taking the allegations of the petition to…

2Cited by2 opinions

  1. Turner v. DavidsonSupreme Court of Georgia · 1939
  2. Ramsey v. StreetSupreme Court of Georgia · 1920

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