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CARMACK v. OGLETHORPE COMPANY

43448.

117 Ga. App. 664 (1968)

161 S.E.2d 357

CARMACK v. OGLETHORPE COMPANY.

Court of Appeals of Georgia.

Decided April 22, 1968.

Attorney(s) appearing for the Case

E. T. Hendon, Jr., for appellant.

Eugene G. Partain, Richard H. Vincent, Jack M. McLaughlin, for appellee.

DEEN, Judge.

1. Where the plaintiff is nonsuited and files a timely appeal from that judgment which is affirmed by the appellate court, he may, within 6 months of the date of affirmance, recommence his action upon complying with the conditions imposed by Code § 3-808. Central of Ga. R. Co. v. Macon R. &c. Co., 140 Ga. 309 (2) (78 SE 931). Where, on the other hand, after a judgment of nonsuit the...

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