Georgia Court of Appeals, 1963

Anderson v. Southern Bell Telephone & Telegraph Company

Georgia Court of Appeals · Decided September 4, 1963 · No. 40246 · Nichols, Jordan, Eberhardt, Frank-Um

132 S.E.2d 820; 108 Ga. App. 314; 1963 Ga. App. LEXIS 623 (South Eastern Reporter, Second Series)

Cases that cite this one

7 later published cases cite this decision.

Bockweg v. Anderson (N.C. 1991)
Henson v. Columbus Bank & Trust Co. (Ga. Ct. App. 1977)
Lamb v. United States (United States District Court for the Middle District of Georgia 1981)
Hudnall v. Kelly (United States District Court for the Northern District of Georgia 1975)
Nevels v. Detroiter Mobile Homes (Ga. Ct. App. 1971)
High v. Broadnax (N.C. 1967)
Sherrill v. US FIDELITY & GUARANTY COMPANY (Ga. Ct. App. 1963)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Nichols, Presiding Judge.

1. An action brought in a Federal district court against a corporation and dismissed, because no diversity of citizenship existed under Federal statutes, cannot be again brought in a superior court of this State within six months under the provisions of Code § 3-808 so as to avoid the statute of limitation which had attached before the second suit was filed. See Constitution Pub. Co. v. DeLaughter, 95 Ga. 17 (21 SE 1000); Webb v. Southern Cotton Oil Co., 131 Ga. 682 (63 SE 135); and Hendricks v. Southern R. Co., 17 Ga. App. 638 (87 SE 908).

2. The petition in the case sub judice showed on its face the facts set out above and the trial court did not err in sustaining the general demurrer based upon the ground that the plaintiff’s right to recover was barred by the statute of limitation.

Judgment affirmed.

Jordan and Eberhardt, JJ., concur. Frank-um, J., disqualified.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.