Legal Opinion

Corbin v. White

Court of Appeals of Georgia

Decided April 3, 1934No. 23572PublishedCited by 1 opinion

1Opinion of the CourtG-uerry, J.

The filing of a suit with the clerk of the court does not constitute the beginning’ of an action unless process issue and service be finally had. The mere filing’ without the issuance of process is not the institution of an action, and the payment of costs is not a condition precedent to filing at the next term of the court the identical cause of action. The trial court properly found against the plea in abatement. Chapman v. Central of Ga. Ry. Co., 20 Ga. App. 251 (92 S. E. 1025); Nicholas v. British America Assurance Co., 109 Ga. 621 (34 S. E. 1004); Union Marine Fire Insurance Co. v.…

2Cases cited3 opinions

  1. Nicholas v. British America Assurance Co.Supreme Court of Georgia · 1900
  2. Chapman v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1917
  3. Union Marine Fire Insurance v. McDermottCourt of Appeals of Georgia · 1924

3Cited by1 opinion

  1. Register v. SandersCourt of Appeals of Georgia · 1961

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