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BIRMINGHAM &c. CO. v. COMMERCIAL TRANSPORT

24524.

224 Ga. 203 (1968)

160 S.E.2d 898

BIRMINGHAM FIRE INSURANCE COMPANY OF PENNSYLVANIA v. COMMERCIAL TRANSPORTATION, INC.

Supreme Court of Georgia.

Decided April 4, 1968.

Attorney(s) appearing for the Case

Vandiver, Barwick & Bentley, Thomas G. Bentley, John E. Talmadge, for appellant.

R. Elliott Dunn, Jr., Reed & Dunn, for appellee.

NICHOLS, Justice.

1. The petition as amended showed that the original action in the City Court of Hall County was filed within the time provided by the policy, that defensive pleadings were filed by the defendant, that it was seeking to recover for the same loss under the same policy, that the costs were paid and the present action was filed within six months of such dismissal by the plaintiff.

While a void suit will...

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