Stinson v. Beanan

1. “ Where a suit has been dismissed by the plaintiff, in order to bring a second suit for the same cause of action the plaintiff must pay the costs or file a pauper’s affidavit showing inability to do so. A failure in this regard furnishes ground for a plea in abatement.” Frommel v. Cox, 158 Ca. 310 (2b) (123 S. E. 296); Collins v. Burkhalter, 144 Ga. 695 (2) (87 S. E. 888); White v. Bryant, 136 Ga. 423 (71 S. E. 677); Civil Code (1910), *754§§ 5625, 5626. After a plea in abatement has been filed to the second suit on the ground of failure to pay the costs incurred in the first suit, a…