RHEEM MANUFACTURING COMPANY v. HUTCHESON

41956.

113 Ga. App. 554 (1966)

149 S.E.2d 157

RHEEM MANUFACTURING COMPANY v. HUTCHESON.

Court of Appeals of Georgia.

Decided April 12, 1966.

Rehearing Denied April 29, 1966.


Attorney(s) appearing for the Case

Long, Weinberg & Ansley, Gregg Loomis, for appellant.

Nall, Miller, Cadenhead & Dennis, Lynn A. Downey, for appellee.


NICHOLS, Presiding Judge.

1. Where a petition is voluntarily dismissed by the plaintiff and before refiling the plaintiff obtains a statement from the clerk of the court as to the costs due and pays the amount of costs as shown on such statement, a plea in abatement will not lie to such refiled action because the clerk made a mistake in figuring such costs. See McDonald v. Wimpy, 204 Ga. 617 (50 S.E.2d 347); Whitsett v. Hester-Bowman Enterprises, Inc.,<...

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