Boles v. Bannister

Quillian, Judge.

The appellant filed a complaint which alleged that through the negligent operation of a motor vehicle by the appellee, plaintiff had been injured. It was further alleged that the same cause of action had previously been before the court, and although dismissed, such dismissal had been without prejudice and that the appellant would be entitled under the law, upon payment of accrued costs in the previous action, to bring the second suit.

Argued February 5, 1974 Decided March 14, 1974. Kunes & Kunes, G. G. Joseph Kunes, Jr., G. Gerald Kunes, for appellant.

The appellee filed his…