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FLOYD & BEASLEY TRANSFER CO., INC. v. COPELAND

39867.

107 Ga. App. 304 (1963)

130 S.E.2d 143

FLOYD & BEASLEY TRANSFER COMPANY, INC. v. COPELAND.

Court of Appeals of Georgia.

Rehearing Denied February 6, 1963.

Attorney(s) appearing for the Case

Bryan, Carter, Ansley & Smith, Melburne D. McLendon, for plaintiff in error.

Llop & Long, Joseph L. Llop, Fred A. Gilbert, contra.

CARLISLE, Presiding Judge.

1. Where a motion to dismiss an action is sustained by the trial court and it appears from the record that the ground upon which this motion was sustained was not a ground which adjudicated the merits of the controversy, such judgment of dismissal will not be a bar to a subsequent proceeding for the same cause of action brought within the time allowed by law. Code §§ 110-503, 110-504. Keith v. Darby,

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