If any person suffers a disability specified in Code Section 9-3-90 after his right of action has accrued and the disability is not voluntarily caused or undertaken by the person claiming the benefit thereof, the limitation applicable to his cause of action shall cease to operate during the continuance of the disability.
(Laws 1817, Cobb's 1851 Digest, p. 567; Ga. L. 1855-56, p. 233, § 20; Code 1863, § 2868; Code 1868, § 2876; Code 1873, § 2927; Code 1882, § 2927; Civil Code 1895, § 3780; Civil Code 1910, § 4375; Code 1933, § 3-802.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 51 Am. Jur. 2d, Limitation of Actions, §§ 56, 220.
C.J.S.- 54 C.J.S., Limitations of Actions, §§ 137, 138.
ALR.
- Duress or undue influence as tolling or suspending statute of limitations, 121 A.L.R. 1294.
One wrongfully adjudged or committed as insane as within benefit of provision of statute of limitations allowing time to sue after removal of disability, 166 A.L.R. 960.
Proof of unadjudged incompetency which prevents running of statute of limitations, 9 A.L.R.2d 964.
Time of existence of mental incompetency which will prevent or suspend running of statute of limitations, 41 A.L.R.2d 726.
Appointment of guardian for incompetent or for infant as affecting running of statute of limitations against ward, 86 A.L.R.2d 965.
Effect of infant's marriage after cause of action accrues on running of limitations as against him or her, 91 A.L.R.2d 1272.
Imprisonment of party to civil actions as tolling statute of limitations, 77 A.L.R.3d 735.
Tolling of state statute of limitations in favor of one commencing action despite existing disability, 30 A.L.R.4th 1092.
Effect of appointment of legal representative for person under mental disability on running of state statute of limitations against such person, 111 A.L.R.5th 159.
When is person, other than one claiming posttraumatic stress syndrome or memory repression, within coverage of statutory provision tolling running of limitations period on basis of mental disability, 23 A.L.R.6th 697.