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KIMSEY v. CAUDELL

40526, 40527.

109 Ga. App. 271 (1964)

135 S.E.2d 903

KIMSEY, Executor, et al. v. CAUDELL, Administrator; and vice versa.

Court of Appeals of Georgia.

Rehearing Denied March 6, 1964.

Attorney(s) appearing for the Case

Scott & Bouwsma, R. C. Scott, for plaintiffs in error.

Kimzey & Kimzey, Herbert B. Kimzey, contra.

JORDAN, Judge.

1. (a) The first assignment of error in the main bill of exceptions, in which it is contended that the judgment was contrary to law in that the plaintiff's action was barred by the statute of limitation, presents no question for determination by this court.

The bar of the statute of limitation is a personal privilege, and is not available to the defendant unless specially asserted either by a special...

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