Legal Opinion
Kimsey v. Caudell
Court of Appeals of Georgia
Decided February 20, 1964No. 40526, 40527PublishedCited by 6 opinions
1Opinion of the Court
Jordan, Judge.(a) The first assignment of error in the main bill of exceptions, in which it is contended that the judg ment was contrary to law in that the plaintiff’s action was barred by the statute of limitation, presents no question for determination by this court.
The bar of the statute of limitation is a personal privilege, and is not available to the defendant unless specially asserted either by a special plea or (where the bar appears upon the face of the petition) by demurrer or motion to dismiss expressly attacking the petition on this ground. Burch v. Wofford-Terrell Co., 52 Ga.…
2Cases cited15 opinions
- Dover v. DoverSupreme Court of Georgia · 1949
- Powell v. McKinneySupreme Court of Georgia · 1921
- Tyler v. EubanksSupreme Court of Georgia · 1950
- Bankers Health & Life Insurance v. PlumerCourt of Appeals of Georgia · 1942
- Cofer v. MaxwellSupreme Court of Georgia · 1947
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3Cited by6 opinions
- Thompson v. MasliaCourt of Appeals of Georgia · 1972
- Penobscot Area Housing Development Corp. v. City of BrewerSupreme Judicial Court of Maine · 1981
- Rothstein v. BrooksCourt of Appeals of Georgia · 1974
- Ford Motor Credit Co. v. MellsCourt of Appeals of Georgia · 1981
- R. H. Macey & Co. v. ChanceyCourt of Appeals of Georgia · 1967
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