Covil v. Stansell

Nichols, Presiding Judge.

1. The Act of 1953 (Ga. L. 1953, Nov. Sess., p. 342; Code Ann. § 3-512), provides for the dismissal of all cases wherein no order of continuance or otherwise is entered for a period of five years, and such Act is mandatory. See Swint v. Smith, 219 Ga. 532 (134 SE2d 595).

2. A dismissal under the Act of 1953, supra, is not a dismissal deciding the merits of the plaintiff’s case so as to bar another suit upon the same cause of action. City of Chamblee v. Village of North Atlanta, 217 Ga. 517 (123 SE2d 663).

3. Under the decision of the Supreme Court in Clark v. New-some,…