18 Ga. App. 662 | Ga. Ct. App. | 1916
1. Under the statute of limitations, actions for “injuries done to the person” may be brought within two years after the right of action accrues; actions for “injuries to the reputation” must be brought within one year. Civil Code, § 4497.
2. This, is a case affecting the reputation of the plaintiff; and, the time of the alleged libelous communication being on or about March 8, 1914, and the writ being filed on September 30, 1915, the action is barred.
3; In cases of this character the right of action accrues to the plaintiff on the doing of the act by which the reputation is injured; and the fact that the plaintiff was ignorant of the act does not toll the statute. “Mere ignorance of the existence of the facts constituting a cause of action, does not prevent the running of the statute of limitations.” Davis v. Boyett, 120 Ga. 649 (48 S. E. 185, 66 L. R. A. 258, 102 Am. St. R. 118, 1 Ann. Cas. 386); 25 Cyc. 432.
4. The allegations of fraud in this case are insufficient to toll the statute. It is not alleged that if usual and reasonable diligence had been exercised, the alleged fraud could not have been discovered; nor that the defendant (an attorney who had received claims against the plaintiff, for collection) was under any obligation to disclose to him anything that the defendant had done affecting the rights of the defendant’s clients. No allegation in the petition as amended shows any fraudulent concealment; and, the suit being based upon the libel, and not upon the alleged i fraud, the allegations are insufficient.
5; The trial judge erred in not sustaining the demurrer.
Judgment reversed.
Brown v. Holton, 109 Ga. 431; Civil Code (1910), § 4497; 25 Cyc. 432; Davis v. Boyett, 120 Ga. 649; Civil Code, § 4380; Anderson v. Foster, 112 Ga. 270; Maxwell v. Walsh, 117 Ga. 467; Sutton v. Dye, 60 Ga. 449; Freeman v. Craver, 56 Ga. 161; Marler v. Simmons, 81 Ga. 611, 613; Short v. Mathis, 107 Ga. 807; Crawford v. Crawford, 134 Ga. 114 (3); Small v. Cohen, 102 Ga. 248. Cases distinguished: Kirkley v. Sharp, 98 Ga. 488; Hickson v. Bryan, 75 Ga. 392; Fersons v. Jones, 12 Ga. 371.
Brown v. Holton, 109 Ga. 431;