Fouché v. Terry

Broyles, G. J.

1. “ The requirement as to the payment of costs as a condition for the recommencement of a suit that has been dismissed or discontinued means that the second suit shall be identical with the first, identical as to the cause of action, and identical as to parties. . . A party who sues as an individual in the first suit, but sues as a trustee in the second, sues in a different capacity.” Moore v. Bower, 6 Ga. App. 450 (4), 453 (65 S. E. 328), and citations.

2. The instant suit was brought by the administrator of the estate of a deceased person, and, under the foregoing ruling, it…