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DAVIS v. HOLT

40255.

108 Ga. App. 280 (1963)

132 S.E.2d 796

DAVIS v. HOLT.

Court of Appeals of Georgia.

Decided September 4, 1963.

Attorney(s) appearing for the Case

Wade H. Leonard, for plaintiff in error.

Hurt, Baird & Freeman, Joe C. Freeman, contra.

NICHOLS, Presiding Judge.

The defendant's plea in abatement is based solely on the ground that the plaintiff had failed to pay the court costs, which accrued in the first action, before filing the second action.

In support of his contention the defendant cites Poplarville Sawmill Co. v. Driver & Co., 17 Ga.App. 674 (88 SE 36), a case where the plaintiff had voluntarily dismissed the first action before filing the second. As pointed out in Dowe...

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