Burks v. Wheeler

The defendant’s plea in bar to the plaintiff’s amended petition was predicated upon the ground that necessary parties to the action had been omitted when the plaintiff amended her petition by striking two of the defendants. Code § 3-808 provides, “If a plaintiff shall be nonsuited, . . . and shall

recommence within six months, such renewed case shall stand upon the same footing, as to limitation, with the original case.’’ It has been consistently held that the renewed action must be on the same cause of action and against the same essential parties. Cox v. Strickland, 120 Ga. 104 (47 S. E.…