Legal Opinion
Hunt v. O'NEAL
Court of Appeals of Georgia
Decided September 26, 1977No. 54360PublishedCited by 7 opinions
1Opinion of the Court
Quillian, Presiding Judge.
In this case, suit was filed on October 1, 1976, complaining of a personal injury which happened on October 2, 1974. The trial judge held the action was barred by the statute of limitation, as a matter of law, since service was not had until October 21, 1976. The plaintiff appeals from that judgment. Held:
Where an action is filed within the period of the limitation statute, the fact that service is made after the expiration of such period does not serve to bar the claim as a matter of law. Parker v. Kilgo, 109 Ga. App. 698 (137 SE2d 333). "[T]he correct test must -be…
2Cases cited3 opinions
- Childs v. CatlinCourt of Appeals of Georgia · 1975
- Parker v. KilgoCourt of Appeals of Georgia · 1964
- State Farm Mutual Automobile Insurance v. SmithSupreme Court of South Carolina · 1984
3Cited by7 opinions
- Scoggins v. State Farm Mutual Automobile InsuranceCourt of Appeals of Georgia · 1980
- Unigard Insurance v. Zimmerman's, Inc.Court of Appeals of Georgia · 1979
- Cambridge Mutual Fire Insurance v. City of ClaxtonDistrict Court, S.D. Georgia · 1982
- Knight v. StateCourt of Appeals of Georgia · 1988
- McCane v. SowinskiCourt of Appeals of Georgia · 1977
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