Brock v. Baker

Evans, Judge.

Pursuant to Code Ann. § 3-808 (Ga. L. 1967, pp. 226,244), Henry Brock, the plaintiff, renewed his original suit for personal injuries. One of the defenses filed by defendants contended that plaintiffs claim was barred by the statute of limitations. Plaintiff moved to strike said defense, and defendants moved for summary judgment, and contended the present suit was commenced before the cost was paid in the dismissed suit in violation of Code Ann. § 81A-141 (d) ( § 41 CPA; Ga. L. 1966, pp. 609, 653).

The evidence and record before us on motion for summary judgment show that the…