Legal Opinion

Barber v. City of Rome

Court of Appeals of Georgia

Decided February 6, 1929No. 18838PublishedCited by 4 opinions

1Opinion of the CourtStephens, J.

1. Where a petition seeks to renew a former suit within' six months of the dismissal of the suit, which would otherwise be barred by the statute of limitations, as provided in §§ 4381, 5626 of the Civil Code of 1910, it must appear from the renewal petition that the new suit is substantially the same cause of action as that of the former ' suit. Where it appears from the renewal petition that the former suit was brought in another court from that in which the renewal suit is brought, and where the renewal petition fails to contain allegations showing that it is brought on substantially the…

2Cases cited2 opinions

  1. Atlanta, Knoxville & Northern Railway Co. v. WilsonSupreme Court of Georgia · 1904
  2. Ellis & Co. v. Mills & GibbSupreme Court of Georgia · 1896

3Cited by4 opinions

  1. Morrison v. BowenCourt of Appeals of Georgia · 1962
  2. Force v. BatesSupreme Court of Kansas · 1955
  3. Grizzard v. PetkasCourt of Appeals of Georgia · 1983
  4. Smith v. City of AtlantaCourt of Appeals of Georgia · 1934

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