Freeman v. Ehlers

Russell, Judge.

Ga. L. 1953, Nov. Sess., p. 342 (Code Ann. § 3-512) provides that as to all pending suits “in which no written order is taken for a period of five years the same shall automatically stand dismissed with costs to be taxed against the party plaintiff.” Its provisions are mandatory. Bowen v. Morrison, 103 Ga. App. 632 (120 SE2d 57). Its purpose is to prevent the cluttering of court records with unresolved and inactive litigation. Lewis v. Price, 104 Ga. App. 473, 476 (122 SE2d 129). Where no order is taken, the dismissal results automatically. Dupriest v. Reese, 104 Ga. App. 805…