Register v. Sanders

Bell, Judge.

The defendants’ contention is that under Code § 3-508, the plaintiff is not permitted to maintain the third action filed in this case in Cobb County until the payment of the costs in the two actions previously brought and dismissed by the plaintiff in DeKalb and Fulton Counties. The plaintiff urges that: jurisdiction was not obtained over the parties in either of the previous actions, and Code § 3-508 does not apply; the lack of jurisdiction in the earlier cases made them nullities; and the trial court erred in sustaining the special plea in abatement filed in the Superior Court…