McLANAHAN v. KEITH

31883.

239 Ga. 94 (1977)

236 S.E.2d 52

McLANAHAN v. KEITH.

Supreme Court of Georgia.

Decided May 25, 1977.


Attorney(s) appearing for the Case

Grant, Smith & Shiver, Truett Smith, for appellants.

E. Phil Duderwicz, David W. Griffeth, for appellee.


JORDAN, Justice.

Briefly, the facts of this case are as follows: Respondents brought suit against petitioners in Elbert County in October, 1973, seeking damages for trespass; respondents voluntarily dismissed that suit in September 1975, and without first paying all the accrued costs in that suit, refiled the suit in Fulton County the same day; three days before the expiration of the six month period for refiling allowed by Code Ann. § 3-808, respondents "suggested...

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