Hollis v. Williams

Full title: HOLLIS v. WILLIAMS et al

Court: Court of Appeals of Georgia

Date published: Nov 18, 1970

179 S.E.2d 559 (Ga. Ct. App. 1970)

179 S.E.2d 559

Opinion

45729.

ARGUED OCTOBER 8, 1970.

DECIDED NOVEMBER 18, 1970. REHEARING DENIED DECEMBER 4, 1970.

Action for damages. Henry Superior Court. Before Judge Sosebee.

S. S. Robinson, for appellant.

Powell, Goldstein, Frazer Murphy, Robert W. Patrick, Jerry B. Blackstock, for appellees.

DEEN, Judge.

Whether considered under the provisions of the Civil Practice Act or the rule formerly in force, it is settled law in this case that a plea to the jurisdiction to a personal injury action is good where the injury occurred on November 12, 1966, and the action was originally filed on November 12, 1968, regardless of whether the last day for filing, which was November 11, was a Sunday or holiday. The questions involved were thoroughly analyzed in Davis v. U.S. Fidel. c. Co., 119 Ga. App. 374 ( 167 S.E.2d 214), which decision is admittedly controlling, and which this court declines to overrule.

Judgment affirmed. Hall, P. J., and Evans, J., concur.

DEEN, Judge.

ARGUED OCTOBER 8, 1970 — DECIDED NOVEMBER 18, 1970 — REHEARING DENIED DECEMBER 4, 1970 — CERT. APPLIED FOR.