BURKS v. WHEELER

35668.

92 Ga. App. 478 (1955)

88 S.E.2d 793

BURKS v. WHEELER.

Court of Appeals of Georgia.

Rehearing Denied July 12, 1955.


Attorney(s) appearing for the Case

Geo. Starr Peck, for plaintiff in error.

Marvin G. Russell, Turner Paschall, contra.


NICHOLS, J.

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...

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