Carmack v. Oglethorpe Company

117 Ga. App. 664 (1968)

161 S.E.2d 357

CARMACK

v.

OGLETHORPE COMPANY.

43448.

Court of Appeals of Georgia.

Argued February 7, 1968.

Decided April 22, 1968.

E. T. Hendon, Jr., for appellant.

Eugene G. Partain, Richard H. Vincent, Jack M. McLaughlin, for appellee.

DEEN, Judge.

1. Where the plaintiff is nonsuited and files a timely appeal from that judgment which is affirmed by the appellate court, he may, within 6 months of the date of affirmance, recommence his action upon complying with the conditions imposed by Code § 3-808. Central of Ga. R. Co. v. Macon R. &c. Co., 140 Ga. 309 (2) (78 SE 931). Where,…