JAMES TALCOTT, INC. v. SWIM-A-RAMA &c. CO.

41365.

112 Ga. App. 61 (1965)

143 S.E.2d 677

JAMES TALCOTT, INC. v. SWIM-A-RAMA POOL & EQUIPMENT COMPANY, INC., et al.

Court of Appeals of Georgia.

Decided July 9, 1965.


Attorney(s) appearing for the Case

A. C. Latimer, James A. Stanfield, J. Lee Perry, for plaintiff in error.

Sam G. Dettelbach, Alton T. Milam, contra.


DEEN, Judge.

1. Subject to certain exceptions, claims to property levied on by attachment or execution may be interposed by the same claimant any number of times. He may not himself discontinue and refile his claim more than once without the consent of the plaintiff, but a dismissal by the trial court not amounting to a judgment on the merits of the claim, sustaining a motion to dismiss made by the plaintiff, is equivalent to a dismissal with the consent of the plaintiff...

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