1 Ga. 32 | Ga. | 1846
By the court
To a bill brought by the plaintiffs in error, in Putnam Superior Court, the defendant, having answered, also plead the Statute of limitations ; to which plea the plaintiffs in error replied the commencement of a former suit, for the same cause of action, before the Statute Bar had attached, between the same parties, its dismissal, and the suing out of their present bill within six months from the dismissal of the first suit. The plaintiffs in error contended that the Act of June, 1806, which authorized a plaintiff having brought suit within time, which suit was nonsuited or discontinued, to sue again within six months from such discontinuance or non-suit, and thus avoid the Statute Bar, was still unrepealed, and of force in Georgia. Whereas the defendant in error contended the Act of June, 1806, was repealed. The question was made in the court below, upon a demurrer to evidence, the judge then determining that the Act referred to was repealed. Upon that decision the error complained of is founded, and this court is now called upon to decide whether the Act of June, 1806, is still of force in Georgia. The Act of the Legislature passed in 1767 embraces the main body of our Law prescribing the different terms of limitation. It has been once repealed, and in some particulars modified, but is at this day of force in most of its provisions. It defines the terms of years which shall bar personal actions, and among these (an action on the case) is the action first instituted between the parties now before this court. The Act declares that this form of action shall be commenced within four years after the cause of action arises, and not after. It farther provides that in case of reversal, or arrest of judgment, rendered for the plaintiff — or in case of the defendant’s outlawry, and reversal of such outlawry — the party plaintiff, his heirs, executors or administrators, as the case may require, may commence a new action, or suit, from time to time, within a year after such judgment reversed or arrested, or outlawry reversed. And these, so far as this action and all other persona! actions are concerned, are the only exceptions to, or qualifications of, the limitations which the Act of 1767 enacts These provisions of that Act are necessary to be borne in mind in order to a fair understanding of this opinion. (For the Act of 1767 see Prince, 575.) The Act of 1767 was repealed by the 5th section of the Act of 1805, which latter Act made some alterations in the law of limitations. .Reference to this last named Act is not im|)ortani,
Judgment of the court below affirmed.