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CALLOWAY v. HARMS

50632.

135 Ga. App. 54 (1975)

217 S.E.2d 184

CALLOWAY v. HARMS.

Court of Appeals of Georgia.

Decided June 9, 1975.

Attorney(s) appearing for the Case

I. J. Parkerson, A. Russell Blank, for appellant.

Rich, Bass, Kidd & Witcher, Charles T. Bass, for appellee.

QUILLIAN, Judge.

Under that which was held in Allstate Insurance Co. v. Dobbs, 134 Ga.App. 225 (213 S.E.2d 915), a dismissal under the provisions of Section 41 (e) of the Civil Practice Act (Code Ann. § 81A-141; Ga. L. 1966, pp. 609, 653) is not on the merits and may be refiled within six months of such dismissal. Code § 3-808, as amended, Ga. L. 1967, pp. 226, 244.

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