McLanahan v. Keith

Jordan, Justice.

Briefly, the facts of this case are as follows: Respondents brought suit against petitioners in Elbert County in October, 1973, seeking damages for trespass; respondents voluntarily dismissed that suit in September/ 1975, and without first paying all the accrued costs in that suit, refiled the suit in Fulton County the same day; three days before the expiration of the six month period for refiling allowed by Code Ann. § 3-808, respondents "suggested” to the trial court that, due to their failure to pay the costs of the prior suit as required by Code Ann. § 81A-141 (d), the…