Johnson v. Central of Georgia Railway Co.
Supreme Court of Georgia
Action for damages. Before Judge Lewis. Baldwin superior court. July 13, 1903. A nonsuit was granted at the July term, 1901. On December 24, 1901, the plaintiff recommenced his suit.
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Action for damages. Before Judge Lewis. Baldwin superior court. July 13, 1903. A nonsuit was granted at the July term, 1901. On December 24, 1901, the plaintiff recommenced his suit. On January 17, 1902, the defendant filed a plea in abatement, on the ground that the costs had not been paid prior to the institution of the second suit, nor had the plaintiff filed “with his petition an affidavit that he is advised and believes that he has good cause for recommencing his suit, and that owing to his poverty he is unable to pay the costs that have accrued in said case,” as provided by the act of…
1Opinion of the CourtLamar, J.
In the decisions in City of Atlanta v. Wilson, 70 Ga. 714, Stirk v. Central R. Co., 79 Ga. 497, Langston v. Marks, 68 Ga. 436, and Sweeney v. Malloy, 107 Ga. 80, construing the Civil Code, § 5043, it was held that the payment of costs was a condition precedent to the right to maintain a suit which had previously been dismissed or nonsuited, and that there was no *186provision of law for recommencing an action by filing a pauper affidavit. If, therefore, the case is to be determined according to the law of force when the suit was originally nonsuited, the plea in abatement filed at the first term…
2Cases cited3 opinions
- Stirk v. Central Railroad & Banking Co.Supreme Court of Georgia · 1888
- Sweeney v. MalloySupreme Court of Georgia · 1899
- City of Atlanta v. WilsonSupreme Court of Georgia · 1883
3Cited by9 opinions
- Wright v. JettSupreme Court of Georgia · 1904
- Brinson v. KramerCourt of Appeals of Georgia · 1945
- Bland v. BirdSupreme Court of Georgia · 1910
- Board of Education v. KelleySupreme Court of Georgia · 1906
- Kraft v. Forest Park Realty & Ins. Co.Court of Appeals of Georgia · 1965
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