From Casetext: Smarter Legal Research

Carter v. R. H. Macy Company

Court of Appeals of Georgia
Sep 28, 1978
248 S.E.2d 699 (Ga. Ct. App. 1978)

Opinion

56312.

ARGUED SEPTEMBER 11, 1978.

DECIDED SEPTEMBER 28, 1978.

Injury to reputation. Fulton Superior Court. Before Judge Langford.

Thomas H. Carter, pro se. Schwall Heuett, Robert J. Kaufman, Emory A. Schwall, for appellee.


Thomas H. Carter brings this pro se appeal from the trial court's dismissal of his suit against appellee for invasion of privacy. Held:

An examination of the record shows that this suit was probably misnamed because it appears to be a suit for injury to reputation. Under Code Ann. § 3-1004 actions for injuries done to the person must be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year. As the statute of limitation began running in 1968, the trial court did not err in granting appellee's motion to dismiss. The affirmative defense of statute of limitation may be pleaded by amendment. Security Ins. Co. of Hartford v. Gill, 141 Ga. App. 324 ( 233 S.E.2d 278) (1977).

Judgment affirmed. Smith and Banke, JJ., concur.

ARGUED SEPTEMBER 11, 1978 — DECIDED SEPTEMBER 28, 1978 — CERT. APPLIED FOR.


Summaries of

Carter v. R. H. Macy Company

Court of Appeals of Georgia
Sep 28, 1978
248 S.E.2d 699 (Ga. Ct. App. 1978)
Case details for

Carter v. R. H. Macy Company

Case Details

Full title:CARTER v. R. H. MACY COMPANY

Court:Court of Appeals of Georgia

Date published: Sep 28, 1978

Citations

248 S.E.2d 699 (Ga. Ct. App. 1978)
248 S.E.2d 699

Citing Cases

Harp v. Smith

Leggett v. Benton Bros. Drayage Storage Co., 138 Ga. App. 761 ( 227 S.E.2d 397); Stoddard v. Woods, 138 Ga.…