Young v. Western & Atlantic Railroad

1. A plaintiff may dismiss his suit and recommence it oh the payment of costs, and he may renew the action without payment of the costs provided he will make and file with the new petition an affidavit stating that he “is advised and believes that he has good cause for recommencing his suit, and that owing to his poverty he is unable to pay the costs that have accrued in said case.” Civil Code (1910), §§ 5625, 5626.

2. But where the recommencement of the action is intended to be made in forma pauperis, it is necessary that the affidavit should include a statement that the1 plaintiff “is…