Baker v. Baker

Supreme Court of Georgia

Baker v. Baker

67 S.E. 541, 134 Ga. 138, 1910 Ga. LEXIS 138

CourtSupreme Court of Georgia

DecidedFebruary 24, 1910

StatusPublished

Cited by4 cases

This text of 67 S.E. 541 (Baker v. Baker) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baker v. Baker, 67 S.E. 541, 134 Ga. 138, 1910 Ga. LEXIS 138 (Ga. 1910).

Pincite

Opinion

Holden, J.

1. The suit in this case was not one to recover land on a legal title, but was one invoking the aid of a court of equity.

2. The petition shows that the cause of action arose in 1868, when the plaintiff was 10 years of age, and that no suit was filed by him to assert his alleged rights until 1905; and no sufficient excuse is offered to explain his laches in not earlier discovering and asserting his alleged rights. Such long delay, unexcused, would warrant the court in dismissing the petition as asserting a stale demand.

3. Under the -allegations and prayers of the petition the court committed' no error in dismissing the petition as to all parties.

Judgment affirmed.

All the Justices concur.

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