38.110 Statute of Limitations; Fraud as Affecting Limitations; Diligence of Plaintiff | Pdf Doc Docx | Georgia_JI

 Limitation of Actions 
38.110 Statute of Limitations; Fraud as Affecting Limitations; Diligence of Plaintiff | Pdf Doc Docx | Georgia_JI

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38.110 Statute of Limitations; Fraud as Affecting Limitations; Diligence of Plaintiff

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38.110 Statute of Limitations; Fraud as Affecting Limitations; Diligence of Plaintiff In the absence of any confidential relation, fraud that prevents one from maintaining a plea of the statute of limitations must be actual fraud involving moral turpitude, which could not have been discovered by the exercise of ordinary care and must have the effect of depriving or delaying the plaintiff from filing the cause of action. Carnes v. Bank of Jonesboro, 58 Ga. App. 193(2) (1938); distinguished at 193 Ga. 477 (1942) Fidelity and Casualty Co. v. Bishop, 108 Ga. App. 422, 423 (1963); distinguished at 243 Ga. 701 (1979)

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