Bowman v. Ware

Deen, Presiding Judge.

1. We are called on to construe Code Ann. § 3-808 ("If a plaintiff shall discontinue or dismiss his case, and shall recommence within six months, such renewed case shall stand upon the same footing, as to limitation, with the original case; but this privilege of dismissal and renewal shall be exercised only once under this section”) under the following set of facts: The plaintiff brought a death action, which was dismissed "without prejudice” by the trial court for failure to file an answer to interrogatories. Costs were paid and the second suit filed within the two-year…