Georgia Reports Volume 60

Georgia Reports Volume 60

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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. 1879 edition. Excerpt: ...bound. 2 Kelly, 30, 31. But the statute of limitations (Code, 2917) does not work discharge. The statute goes to the remedy, and does not act directly upon the right. The right remains intact. In conscience, the contract is as binding after the remedy is barred, as it was before the-bar attached. Discharge is effective all over the world; but the operation of limitation acts proper, is restricted to the particular state or country for whose courts they are enacted. Though the limitation period had fully run out under circumstances that rendered it practicable to sue on the eontract, that condition of things would afford no defense in another jurisdiction. The latter would administer its own limitation laws, paying no attention to those of another state or country. 11 Pick., 36; 9 How., 407; 2 Parsons on N. & 13., 631; Ang. on Lim., 66, 67; 5 Ga., 231 else/1;7 1b., 163; 5 Reporter, 398. In 47 Ga., 273, it was held that no discharge to the surety resulted from delay to sue the principal, even though an action as to the latter was barred. This is a clear recognition of the diffference between bar and discharge; for if the principal debtor had been discharged, the inevitable consequence would have been the discharge of the surety likewise. Code, 2149. 2. In the present case, the principal had removed from the state, so that the bar, as to him, was prevented by section 2929 of the Code. The surety and the creditor both believed that the bar had not attached in favor of the surety, and this opinion was not known to be ill-founded until the decision reported in 49 Ga., 431, made its appearance. Prior to that decision, there was a belief, perhaps a very general one on the part of the profession and the people, that more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • United States
  • English
  • black & white illustrations
  • 123694528X
  • 9781236945280