Legal Opinion
O'KELLEY v. Alexander
Supreme Court of Georgia
Decided January 9, 1969No. 24918PublishedCited by 29 opinions
1Opinion of the Court
Frankum, Justice.
We have for consideration in this case the construction to be given the provisions of § 41 (b) of the Civil Practice Act (Ga. L, 1966, pp. 609, 653; Code Ann. § 81A-141 (b)), as it relates to an order of dismissal for failure to pay the costs. In the instant case it appears that the plaintiffs had previously filed a complaint for the same cause of action against the same defendant in the Superior Court of Clarke County. That action was voluntarily dismissed by the plaintiffs and an identical action was brought in the Superior Court of Rabun County without first paying the…
2Cases cited2 opinions
- Costello v. United StatesSupreme Court of the United States · 1961
- Lombard v. Trustees of the Young Men's Library Ass'n FundSupreme Court of Georgia · 1885
3Cited by29 opinions
- Piedmont Cotton Mills, Inc. v. WoelperSupreme Court of Georgia · 1998
- National Heritage Corp. v. Mount Olive Memorial Gardens, Inc.Supreme Court of Georgia · 1979
- Wilson v. OrtizCourt of Appeals of Georgia · 1998
- McLanahan v. KeithSupreme Court of Georgia · 1977
- Kalin v. PfarnerCourt of Appeals of Georgia · 1971
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