McFarland v. McFarland
Supreme Court of Georgia
Certiorari; from Court of Appeals. 24 Ga. App. 621.
1Opinion of the CourtAtkinson, J.
1. It is declared in the Civil Code, § 4381: “If a plaintiff shall be nonsuited, or shall discontinue or dismiss his ease, and shall recommence within six months, such renewed ease shall stand upon the same footing, as to limitation, with the original case; but this privilege of dismissal and renewal shall he exercised only once under this clause.” This statute applies only in cases where a valid *10suit has been pending and- subsequently dismissed. McClendon v. Hernando,Phosphate Co., 100 Ga. 219 (28 S. E. 152), and cases cited.
No. 1950. January 13, 1921. Certiorari; from Court of Appeals. 24…
2Cases cited11 opinions
- Cox v. StricklandSupreme Court of Georgia · 1904
- Stallings v. StallingsSupreme Court of Georgia · 1907
- Atlanta, Knoxville & Northern Railway Co. v. WilsonSupreme Court of Georgia · 1904
- McClendon & Co. v. Hernando Phosphate Co.Supreme Court of Georgia · 1897
- Nicholas v. British America Assurance Co.Supreme Court of Georgia · 1900
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3Cited by42 opinions
- Childs v. CatlinCourt of Appeals of Georgia · 1975
- Hilton v. Maddox, Bishop, Hayton Frame & Trim Contractors, Inc.Court of Appeals of Georgia · 1972
- Wente v. ShaverSupreme Court of Missouri · 1943
- Chance v. Planters Rural Telephone Cooperative, Inc.Supreme Court of Georgia · 1963
- Clark v. NewsomeSupreme Court of Georgia · 1935
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