Court of Appeals of Georgia January 21, 1970, 44932 (Consolidated Pecan Sales Company v. Savannah Bank & Trust Company)

Hall, Presiding Judge.

Suit was filed by two banks against Consolidated Pecan on September 16, 1963, for a debt claimed due and also asking for a receivership. In June 1969, the defendant moved for a dismissal of the suit on indebtedness on the ground that the lapse of five years would work an automatic dismissal under former

Code Ann.

§ 3-512

(Code Ann.

§ 81A-141 (e)).