Legal Opinion
Carmack v. Oglethorpe Company
Court of Appeals of Georgia
Decided April 22, 1968No. 43448PublishedCited by 5 opinions
1Opinion of the Court
Deen, Judge.
1. Where the plaintiff is nonsuited and files a timely appeal from that judgment which is affirmed by the appellate court, he may, within 6 months of the date of affirmance, recommence his action upon complying with the *665conditions imposed by Code § 3-808. Central of Ga. R. Co. v. Macon R. &c. Co., 140 Ga. 309 (2) (78 SE 931). Where, on the other hand, after a judgment of nonsuit the plaintiff attempts an abortive appeal which is dismissed by the appellate court because it does not meet the statutory requirements, such attempt will not toll the statute of limitation, and the new…
2Cases cited14 opinions
- Girtman v. GirtmanSupreme Court of Georgia · 1940
- Chambliss v. HallCourt of Appeals of Georgia · 1966
- Chance v. Planters Rural Telephone Cooperative, Inc.Supreme Court of Georgia · 1963
- Central of Georgia Railway Co. v. Macon Railway & Light Co.Supreme Court of Georgia · 1913
- Smith v. McMichaelSupreme Court of Georgia · 1947
9 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hayes v. Superior Leasing Corp.Court of Appeals of Georgia · 1975
- Sadi Holdings, LLC v. Lib Properties, Ltd.Court of Appeals of Georgia · 2008
- Atkins v. Bituminous Casualty Corp.Court of Appeals of Georgia · 1971
- Gottschalk v. WoodsCourt of Appeals of Georgia · 2014
- Carmack v. Oglethorpe CompanyCourt of Appeals of Georgia · 1968