Cicero v. Scaife
Supreme Court of Georgia
Petition for injunction. Before Judge Spence. Mitchell superior court. December 29, 1906. Dan and Charlotte Cicero brought an equitable petition against W. L. Scaife, Mary M. Scaife, and 'McLeod, constable, alleging, that Charlotte Cicero was the owner and in possession of two cows and calves and two steers, which were described in a possessorywarrant proceeding sued out against petitioners by W. L. Scaife as agent for Mary M. Scaife; that prior to the issuance of the…
Read the full summary
Petition for injunction. Before Judge Spence. Mitchell superior court. December 29, 1906. Dan and Charlotte Cicero brought an equitable petition against W. L. Scaife, Mary M. Scaife, and 'McLeod, constable, alleging, that Charlotte Cicero was the owner and in possession of two cows and calves and two steers, which were described in a possessorywarrant proceeding sued out against petitioners by W. L. Scaife as agent for Mary M. Scaife; that prior to the issuance of the possessory warrant she had sold and delivered the cattle to Dasher, and if the cattle were taken from her possession she would…
1Opinion of the Court
Cobb, P. J. (After stating the facts.)
1. When a case has been terminated by a nonsuit, dismission, or discontinuance, before the plaintiff can renew his suit he must either pay the costs or file an affidavit as to his inability to pay them. Civil Code, §5043; Acts 1901, p. 80. The rule laid down in the code section and the act just cited is applicable only where the plaintiff in the former suit seeks, as plaintiff, to bring a new suit on the same cause of action. It has no application whatever in a case where the defendant, either as a matter of defense or by way of cross-action, sets up…
2Cases cited1 opinion
- Sumner v. BellSupreme Court of Georgia · 1903
3Cited by3 opinions
- Brinson v. KramerCourt of Appeals of Georgia · 1945
- Wadsworth v. OliveCourt of Appeals of Georgia · 1936
- May Realty Co. v. LohmanSupreme Court of Georgia · 1933