Smith v. Floyd County
Supreme Court of Georgia
Nonsuit. Actions. Counties. Constitutional law. Damages. Before Judge Maddox. Floyd superior court. September term, 1889. To the September term, 1887, of Floyd superior court, the plaintiff brought his action against Floyd county for damages to his lot by the building of a bridge.
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Nonsuit. Actions. Counties. Constitutional law. Damages. Before Judge Maddox. Floyd superior court. September term, 1889. To the September term, 1887, of Floyd superior court, the plaintiff brought his action against Floyd county for damages to his lot by the building of a bridge. On April 18, 1888, during the March term, the case came on to be tried ; and the plaintiff having closed his evidence, the defendant moved for a nonsuit on the ground that the county was not liable to suit on the case made by the" evidence. The motion was sustained, and the case dismissed. On September 4, 1888, the…
1Opinion of the Court
Bleckley, Chief Justice.
The code, in §3446, expressly recognizes the right of a plaintiff to recommence his suit on the payment of costs, after he has been nonsuited in a previous action. And §2932 saves his right of action for six months as against the statute of limitations. This court has recognized the right to sue again after nonsuit in Langston v. Marks, 63 Ga. 435, and Stirk v. R. R. Co., 79 Ga. 495. The apparent doubt entertained in Greenfield v. Vason, 74 Ga. 126, is of no significance. Nor is the case of Kimbro v. R. R. Co., 56 Ga. 185, an authority upon the question; for that case…
2Cases cited16 opinions
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