Taylor v. Murray, 28553
| Decision Date | 08 March 1974 |
| Docket Number | No. 28553,28553 |
| Citation | 231 Ga. 852,204 S.E.2d 747 |
| Parties | Billy Joe TAYLOR et al. v. Faye Elizabeth Howard MURRAY. |
| Court | Georgia Supreme Court |
Robert B. Struble, Millard B. Shepherd, Jr., Toccoa, for appellants.
Smith & Millikan, Harmon T. Smith, Jr., Gainesville, Gammon & Anderson, Joseph N. Anderson, Cedartown, for appellee.
Syllabus Opinion by the Court
This case involves a single car automobile wreck which occurred in South Carolina on July 4, 1969. An action for the wrongful death of a guest passenger was filed against the driver and the owner of the automobile in the Superior Court of Stephens County, Georgia, on March 9, 1972. South Carolina has a six-year limitation of action for wrongful death. Georgia has a two-year limitation. The question here is whether the South Carolina or the Georgia limitation applies. The trial court held the Georgia limitation applied and granted summary judgment for the defendants. The Court of Appeals reversed, 202 S.E.2d 512. We granted certiorari. Held:
' In accordance with the fundamental principle of law that matters pertaining to the remedy are governed by the law of the state or country where suit is brought, rather than that in which the cause of action arose, it is well settled that the Statute of Limitations of the country, or state, where the action is brought and the remedy is sought to be enforced, controls, in the event of the conflict of laws. In other words, the lex fori determines the time within which a cause of action may be enforced . . .
' However, where the foreign statute creating a cause of action not known to the common law prescribes a shorter period in which action may be commenced than that prescribed by the law of the place where the action is brought, the former, the lex loci, governs, and no action can be maintained in any jurisdiction, foreign or domestic, after the expiration of such period, since the limitation is, in such a case, a qualification or condition upon the cause of action itself, imposed by the power creating the right, and not only is action barred, but the cause of action itself is extinguished, upon the expiration of the limitation period. (Cit.)
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Harvey v. Merchan
...by the law of the state in which the action is brought. See Auld , 309 Ga. at 895 (2) (a), 848 S.E.2d 876 ; Taylor v. Murray , 231 Ga. 852, 853, 204 S.E.2d 747 (1974). Statutes of limitations are generally procedural in nature, and therefore those of the forum state govern. See id. at 853, ......
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Garland v. Advanced Medical Fund, L.P. II
...this exception applies only when the foreign limitations period is shorter than that of the forum state. See, e.g., Taylor v. Murray, 231 Ga. 852, 853, 204 S.E.2d 747 (1974) ("[W]here the foreign statute creating a cause of action not known to the common law prescribes a shorter period in w......
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McAuley v. Wills
...action, and the rule is that a wrongful-death action must be brought within two years from the death. Taylor v. Murray, 231 Ga. 852, 854, 204 S.E.2d 747 (1974), but see DeLoach v. Emergency Medical Group, 155 Ga.App. 866(1), 274 S.E.2d 38 (1980). Therefore we conclude that the statute of li......
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Reece v. Intuitive Surgical, Inc.
...general two-year statute of limitations], to be ‘the public policy’ of that state.” Bodnar, 392 So.2d at 1163 (citing Taylor v. Murray, 231 Ga. 852, 204 S.E.2d 747 (1974) ). The Court concluded that the widow's claim “founded on the Georgia Wrongful Death Act” was “not barred by the Georgia......
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Trial Practice and Procedure
...770, 771 (2019).59. Auld, 309 Ga. at 894, 848 S.E.2d at 879.60. Id. 61. Id. at 895, 848 S.E.2d at 879.62. Id. (quoting Taylor v. Murray, 231 Ga. 852, 853, 204 S.E.2d 747, 748 (1974)).63. Id. at 895, 848 S.E.2d at 880.64. See Coon v. Medical Center, Inc., 300 Ga. 722, 727, 797 S.E.2d 828, 83......