Frommel & Brother v. Cox

1. The court did not err in overruling the general demurrer to the petition.

2. The suit was not barred by laches nor by the statute of limitations.

(а) The running of the statute of limitations was tolled by the pendency of a former suit.(b) Where a suit has been dismissed by the plaintiff, in order to bring a second suit for the same cause of action the plaintiff must pay the costs or file a pauper’s affidavit showing inability to do so. A failure in this regard furnishes ground .for a plea in abatement. White v. Bryant, 136 Ga. 423 (71 S. E. 677); Wright v. Jett, 120 Ga. 995 (48 S. E. 345).…