Birmingham Fire Insurance Co. of Pennsylvania v. Commercial Transportation, Inc.

Nichols, Justice.

The petition as amended showed that the original action in the City Court of Hall County was filed within the time provided by the policy, that defensive pleadings *204were filed by the defendant, that it was seeking to recover for the same loss under the same policy, that the costs were paid and the present action was filed within six months of such dismissal by the plaintiff.

While a void suit will not authorize a renewal action by a plaintiff under Code § 3-808 as amended by the Act of 1967 (Ga. L. 1967, pp. 226, 244; 'Code Ann. § 3-808), the first action was not void.…