Legal Opinion

Mallin v. Spickard

Court of Appeals of Georgia

Decided April 25, 1961No. 38742PublishedCited by 9 opinions

1Opinion of the Court

Nichols, Judge.

The sole contention raised by the plaintiff in error, the defendant in the court below, is that each count of the petition is barred by the statute of limitation and that his demurrer raising such issue should have been sustained.

The statute of limitation based on an oral contract is four years from the date the action accrued (Code § 3-706), and the question presented in this case is when the action accrued. The *563defendant contends in support of his demurrers that the action accrued on the dates the moneys were loaned. If such contention is correct, since the action was not…

2Cases cited3 opinions

  1. Teasley v. BradleySupreme Court of Georgia · 1900
  2. Smith v. EarlyCourt of Appeals of Georgia · 1939
  3. Howell v. SeiglerCourt of Appeals of Georgia · 1953

3Cited by9 opinions

  1. Kueffer Crane & Hoist Service, Inc. v. PassarellaCourt of Appeals of Georgia · 2000
  2. Scarboro v. Ralston Purina Co.Court of Appeals of Georgia · 1981
  3. Johnson v. WoldWyoming Supreme Court · 1970
  4. Evans v. EvansSupreme Court of Georgia · 1976
  5. Cohan v. FlandersDistrict Court, S.D. Georgia · 1970

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