Butler v. Claxton

Almand, Justice.

Harry J. Butler, doing business as Butler Auction Company, filed this suit against Mrs. M. L. Rogers in Johnson Superior Court on July 23, 1955. Defensive pleadings were filed on September 8, 1955. On March 19, 1965, the judge of said court entered the following order: “Dismissed under 5 year Rule (3-512).” The plaintiff filed his motion to re-instate the case. One of the grounds was that the Act of 1953 (Ga. L. 1953, Nov. Sess., p. 342; Code Ann. § 3-512) viz: “From and after the passage and approval of this section, any suit filed in any of the courts of this State in which…