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41 Ga. 231

Calhoun v. Kellogg

Supreme Court of Georgia

Decided June 15, 1870

Supreme Court of Georgia · decided 1870-06-15

Statute of Limitations. Interrogatories. Before Judge' Johnson. Muscogee Superior Court. November Term, 1869. On the 19th of October, 1867',’Kellogg brought complainant on an open-account against A. T. Calhoun, as administrator of. Alexander Calhoun, for the value of a half pipe of brandy, sold to deceased on the 1st of July, 1856. The pleas were the general issue, the Statute of Limitations (four years,) and plene administravit.

Good law ✅— No negative treatment on recordhow we know

Decided 1870-06-15

How this case has been cited

Cited by 4 later decisions — most recently January 2025

3 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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McCAY, J.

¶1concurred, but wrote out no opinion. His written concurrence from the Bench was as follows:

¶2I concur in the judgment overruling the judgment of the Court below. The statutory bar had, as appears from the record, completely attached before the Acts passed during the w’ar suspending the statutes of limitation had been made *valid by the Conventions of 1865 and 1868, and said confirming Acts did not revive a right of *239action, then barred. I confine this judgment, however, to residents of the Confederate States, all of whom were free to sue in our Courts during the war. Persons who were not resident within our lines during the war were prohibited by Act of Congress, as well as by our own laws then in actual operation, from suing, and the statute did not, in my judgment, run against them at all until the war ended. As it does not appear where these plaintiffs resided during the war, the presumption is that ,they resided in Georgia, or do now reside here, I concur in the judgment, with this qualification.

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