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PRICE v. MANLEY

40949.

110 Ga. App. 288 (1964)

138 S.E.2d 384

PRICE v. MANLEY.

Court of Appeals of Georgia.

Decided September 21, 1964.

Attorney(s) appearing for the Case

Wallace & Wallace, Howard C. Wallace, for plaintiff in error.

S. T. Ellis, contra.

EBERHARDT, Judge.

Where a second counter affidavit to a dispossessory warrant is filed, it should not be dismissed merely because it is a second affidavit. Bowman v. Quick, 106 Ga.App. 213 (126 S.E.2d 536). Where the dismissal of the first counter affidavit was for want of prosecution, which is not an adjudication on the merits of the case...

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