Where there is a joint right of action and one or more of the persons having the right is under any of the disabilities specified in Code Section 9-3-90, the terms of limitation shall not be computed against the joint action until all the disabilities are removed. However, if the action is severable so that each person may bring an action for his own share, those free from disability shall be barred after the running of the applicable statute of limitations, and only the rights of those under disability shall be protected.
History. Ga. L. 1855-56, p. 233, § 24; Code 1863, § 2871; Code 1868, § 2879; Code 1873, § 2930; Code 1882, § 2930; Civil Code 1895, § 3784; Civil Code 1910, § 4379; Code 1933, § 3-806.
Structure Georgia Code
Chapter 3 - Limitations of Actions
Article 5 - Tolling of Limitations
§ 9-3-90. Individuals Under Disability or Imprisoned When Cause of Action Accrues
§ 9-3-91. Disabilities Suffered After Accrual of Cause
§ 9-3-92. Five-Year Tolling for Unrepresented Estate — in Favor of Estate
§ 9-3-93. Five-Year Tolling for Unrepresented Estate — in Favor of Creditors
§ 9-3-94. Removal of Defendant From State
§ 9-3-95. Disability of One or More With Joint Right of Action; Effect of Severability
§ 9-3-96. Tolling of Limitations for Fraud of Defendant
§ 9-3-97. Limitations Extended for Counterclaims and Cross-Claims
§ 9-3-97.1. Tolling of Limitations for Medical Malpractice
§ 9-3-98. Applicability of Article
§ 9-3-99. Tolling of Limitations for Tort Actions While Criminal Prosecution Is Pending