Legal Opinion
Chance v. Planters Rural Telephone Cooperative, Inc.
Supreme Court of Georgia
Decided May 9, 1963No. 21951PublishedCited by 43 opinions
1Opinion of the Court
Quillian, Justice.
Code § 3-808 provides: “If a plaintiff shall be nonsuited, or shall discontinue or dismiss his case, and shall recommence within six months, such renewed case shall stand upon the same footing, as to limitation, with the original ease . . .” Since this is a remedial statute and to be construed liberally, Cox v. Berry, 13 Ga. 306, Rountree v. Key, 71 Ga. 214, this court has held that where venue is improperly laid in the first suit the Code section does not require that the suit shall be renewed in the same court or in the same county, for the section is but a codification of…
2Cases cited26 opinions
- Cox v. StricklandSupreme Court of Georgia · 1904
- Girtman v. GirtmanSupreme Court of Georgia · 1940
- Atlanta, Knoxville & Northern Railway Co. v. WilsonSupreme Court of Georgia · 1904
- McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
- McFarland v. McFarlandSupreme Court of Georgia · 1921
21 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Sims v. American Casualty Co.Court of Appeals of Georgia · 1974
- Hilton v. Maddox, Bishop, Hayton Frame & Trim Contractors, Inc.Court of Appeals of Georgia · 1972
- Chambliss v. HallCourt of Appeals of Georgia · 1966
- McDonald v. StateSupreme Court of Georgia · 1966
- PLANTERS RURAL TELEPHONE COOPERATIVE, INC. v. ChanceCourt of Appeals of Georgia · 1963
38 more not listed; retrieve them via the Exa API.