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FREEMAN v. EHLERS

40414.

108 Ga. App. 640 (1963)

134 S.E.2d 530

FREEMAN v. EHLERS.

Court of Appeals of Georgia.

Decided November 13, 1963.

Attorney(s) appearing for the Case

S. S. Robinson, E. E. Moore, Jr., for plaintiff in error.

Howard & Storey, James C. Howard, Albert T. Ehlers, Ben J. Smith, Jr., contra.

RUSSELL, Judge.

Ga. L. 1953, Nov. Sess., p. 342 (Code Ann. § 3-512) provides that as to all pending suits "in which no written order is taken for a period of five years the same shall automatically stand dismissed with costs to be taxed against the party plaintiff." Its provisions are mandatory. Bowen v. Morrison, 103 Ga.App. 632 (120 S.E.2d 57). Its purpose is to prevent...

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