6 S.E.2d 214 | Ga. Ct. App. | 1939
The motion made in this court to amend the petition is denied, and the judgment sustaining the demurrer invoking the statute of limitations is affirmed.
"Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the *365
reputation, . ." (Code, § 3-1004), and "An action by a wife to recover damages for the negligent homicide of her husband is an action for an `injury done to the person,' and must be brought within two years after the date of the death of the husband."Atlantic, Valdosta Western R. Co. v. McDilda,
Counsel for plaintiff has filed in this court a motion to amend paragraph 19 of the first count of the petition, and paragraph 18 of the second count thereof, by adding thereto what amounts to an averment that the case in the Federal court was dismissed by him voluntarily and "without prejudice." Even if there were authority for granting such a motion (and we are well satisfied there is not), *366 and if this court should allow the suggested amendment, under the authorities already cited the case would still be barred by the statute of limitations, and the judgment sustaining the demurrer would have to be sustained. The motion is denied.
Judgment affirmed. MacIntyre and Guerry, JJ., concur.