Georgia Reports Volume 50

Georgia Reports Volume 50

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 edition. Excerpt: ...the passage of the Act hntil the period of limitation fixed therein, there were more than nine months. From the grant of the letters of administration to that period, there were but four months. By section 2548, New Code, administrators are exempt from suit until the expiration of twelve months from their qualification. The terms of the Act of 1869 would bar the right of action if it were not brought by January 1st, 1870. The section quoted of the: Code, prohibited this action from being instituted until September, 1870. It was argued by defendant in error that the effect of the Act of 1869 is to repeal section 2548; that the action could have been commenced by the 1st of January, 1870, and, not being so brought, it is barred. Such a construction would involve other serious questions in this and similar cases. If the debtor, Mr. Butts, was dead at the pas sage of the Act, there was at that time no administration on his estate. A contest over the administration might have delayed the grant of letters for several months until they were issued; no action, of course, could have been commenced_ This would have reduced the short period of nine months and fifteen days allowed by the Act to a still smaller number of months, or possibly weeks, and thus present the question, whether that was a reasonable time. Short as was the period which was allowed, it would, in all cases, have been still less where the debtor was deceased at the'time the Act was passed, or died between that period and the 1st of January, 1870, and, doubtless, in many instances such a construction would amount to a practical denial of justice. We forbear, then, to hold that in this case the Act of 1869 required this suit to be brought by the first of January, 1870. more

Product details

  • Paperback | 254 pages
  • 189 x 246 x 13mm | 458g
  • United States
  • English
  • black & white illustrations
  • 1236844467
  • 9781236844460