Rountree v. Key
Supreme Court of Georgia
Practice in Superior Court. Discontinuance. Dismissal. Statute of Limitations. Before W. A. Hawkins, Eiq., Judge pro hae vioe. Macon Superior Court. May Adjourned Term, 1883. On October 31,1881, Rountree biought complaint against Key on a note dated January 4, 1875, due one day after date.
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Practice in Superior Court. Discontinuance. Dismissal. Statute of Limitations. Before W. A. Hawkins, Eiq., Judge pro hae vioe. Macon Superior Court. May Adjourned Term, 1883. On October 31,1881, Rountree biought complaint against Key on a note dated January 4, 1875, due one day after date. Defendant pleaded the general issue, the statute of limitations and non est faotum Plaintiff amended by alleging that on October 16,1880, he brought suit against defendant in Telfair county, where he was then living, on the same note; and that the case was discontinued on October 18,1881, and the present…
1Opinion of the Court
Jackson, Chief Justice.
The sole question made in this record is this: When a case is dismissed by the court for want of prosecution by the plaintiff, is it a discontinuance of the case by the plaintiff, so as to allow him to renew the action within six months? “A discontinuance,” according to Blackstone, *215third Book, p. 296, “is somewhat similar to a non-suit; for when a plaintiff leaves a chasm in the proceedings of his cause, as by not continuing the process regularly from day to day and time to time, as he ought to do, the suit is discontinued, and the defendant is no longer bound to attend…
2Cases cited3 opinions
- Kimbro & Morgan v. Virginia & Tennessee Air-Line Railway Co.Supreme Court of Georgia · 1876
- Rumph v. TrueloveSupreme Court of Georgia · 1881
- Jordan v. FairclothSupreme Court of Georgia · 1859
3Cited by19 opinions
- Cox v. StricklandSupreme Court of Georgia · 1904
- Atlanta, Knoxville & Northern Railway Co. v. WilsonSupreme Court of Georgia · 1904
- Clark v. NewsomeSupreme Court of Georgia · 1935
- Cutliffe v. PryseSupreme Court of Georgia · 1938
- Cherokee Brick Co. v. HamptonCourt of Appeals of Georgia · 1915
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