12 S.E.2d 467 | Ga. Ct. App. | 1940
Lead Opinion
This case is controlled adversely to the plaintiff in error by the companion case of Underwood v. Heath, ante, 180.
Judgment affirmed. Broyles, C. J., and Gardner, J., concur.
Addendum
The statute does not destroy the debt so effectually that it can not be revived; "All that it does is to open the courts to the debtor and invite him to enter and protect himself from his obligations by pleading its provisions in bar of a recovery. It does not compel him to do this any more than it constrains him to insist upon that or any other rule of law established in his favor, but he may waive or renounce it, when he does not by so doing injure others or affect the public interests or abrogate or do away with enactments made for the preservation of public order or good morals. . . That honesty is the best policy is generally, if not universally, conceded, and it will not be seriously contended by any one that our law discourages and prohibits rather than encourages and promotes the faithful discharge of obligations honestly undertaken."Pittman v. Elder,
Rehearing denied. Broyles, C. J., and Gardner, J., concur.