North American Accident Insurance v. Scarborough

Section 5626 of the Civil Code (1910) provides that, when any suit is dismissed, and the plaintiff desires to recommence his action without the payment of the costs, he must make and file 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 the case. These provisions, however, do not require that the affidavit, in order to be filed with the petition, must be attached thereto. Powell v. Fidelity &c. Co., 48 Ga. App. 529 (7) (173 S. E. 196). In the instant…