Dowe v. Debus Manufacturing Co.

1. It is only where an action has been nonsuited, dismissed, or discontinued, and the dismissal or discontinuance is by the act of the plaintiff, that, as a condition precedent to recommencing the suit, the costs of the former suit must be paid, br an affidavit in fbrma pauperis in lieu thereof be made as provided in the Code of 1933, §§ 3-508, 3-509 (Code of 1910, §§ 5625, 5626) ; Rumph v. Truelove, 66 Ga. 480. Where the former suit was dismissed on motion of the defendant after a traverse of the officer’s return of service had been sustained on the ground that the defendant, a corporation,…