Board of Education v. Kelley
Supreme Court of Georgia
Complaint for land. Before Judge Parker. Wáshington superior court. November 25, 1905.
1Opinion of the CourtLumpkin, J.
1. Where a suit has been dismissed by the plaintiff, in order to bring a second suit for the same cause of action the plaintiff must pay the costs, or file a pauper affidavit stating his inability to do so. A failure in this regard furnishes ground for a plea in abatement. Civil Code, §5043; Langston v. Marks, 68 Ga. 435; Sweeney v. Malloy, 107 Ga. 83; Johnson v. Central Ry. Co., 119 Ga. 185; Wright v. Jett, 120 Ga. 995.
2. That the clerk of the superior court, on request of counsel for the plaintiff, charged the cost to such counsel, and released the plaintiff, stating that he also “had…
2Cases cited4 opinions
- Wright v. JettSupreme Court of Georgia · 1904
- Langston v. MarksSupreme Court of Georgia · 1882
- Johnson v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903
- Sweeney v. MalloySupreme Court of Georgia · 1899
3Cited by8 opinions
- Brinson v. KramerCourt of Appeals of Georgia · 1945
- White v. BryantSupreme Court of Georgia · 1911
- Bland v. BirdSupreme Court of Georgia · 1910
- Sparks Improvement Co. v. JonesCourt of Appeals of Georgia · 1908
- Collins v. BurkhalterSupreme Court of Georgia · 1916
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