GENERAL MOTORS CORP. v. JENKINS

43165.

117 Ga. App. 527 (1968)

160 S.E.2d 906

GENERAL MOTORS CORPORATION v. JENKINS, by Guardian.

Court of Appeals of Georgia.

Decided March 14, 1968.

Rehearing Denied March 29, 1968.


Attorney(s) appearing for the Case

King & Spalding, Charles H. Kirbo, R. Byron Attridge, John C. Staton, Jr., for appellant.

Samuel D. Hewlett, Jr., Thomas M. Odom, George W. Fryhofer, Cullen M. Ward, for appellee.


QUILLIAN, Judge.

Code § 3-510 (now repealed but in effect in the case sub judice) provides in part: "The plaintiff in any action, in any court, may dismiss his action either in vacation or term time, if he shall not thereby prejudice any right of the defendant, and if done in term time, the clerk of court or justice of the peace shall enter such dismissal on the docket."

Therefore, the question for determination is whether the plaintiff's voluntary...

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