Davis v. Holt

Nichols, Presiding Judge.

The defendant’s plea in abatement is based solely on the ground that the plaintiff had failed to pay the court costs, which accrued in the first action, before filing the second action.

In support of his contention the defendant cites Poplarville Sawmill Co. v. Driver & Co., 17 Ga. App. 674 (88 SE 36), a case where the plaintiff had voluntarily dismissed the first action before filing the second. As pointed out in Dowe v. Debus Mfg. Co., 52 Ga. App. 713 (1) (184 SE 362): “It is only where an action has been nonsuited, dismissed, or discontinued, and the dismissal or…