Public-domain · open source
OpenJurist

113 Ga. App. 179

147 S.E.2d 479

Covil v. Stansell

Court of Appeals of Georgia

Decided February 23, 1966

Court of Appeals of Georgia · decided 1966-02-23

Key passage — most relied on by later courts

“Under the decision of the Supreme Court in Clark v. Newsome, 180 Ga. 97 ( 178 SE 386 ), a plaintiff who has had his action dismissed other than on the merits may refile within six months under Code § 3-808 where the original action was not barred by the statute of limitation.”

quoted by 1 later decision, including 151 Ga. App. 1 - Schaffer v. City of Atlanta

Relies on Swint v. Smith · Clark v. Newsome · City of Chamblee v. Village of North Atlanta

Good law ✅— No negative treatment on recordhow we know

Decided 1966-02-23

How this case has been cited

Cited by 7 later decisions — most recently June 1990

7 state decisions

401966197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Nichols, Presiding Judge.

¶1 1. The Act of 1953 (Ga. L. 1953, Nov. Sess., p. 342; Code Ann. § 3-512), provides for the dismissal of all cases wherein no order of continuance or otherwise is entered for a period of five years, and such Act is mandatory. See Swint v. Smith, 219 Ga. 532 (134 SE2d 595).

¶2 2. A dismissal under the Act of 1953, supra, is not a dismissal deciding the merits of the plaintiff’s case so as to bar another suit upon the same cause of action. City of Chamblee v. Village of North Atlanta, 217 Ga. 517 (123 SE2d 663).

¶3 3. Under the decision of the Supreme Court in Clark v. New-some, 180 Ga. 97 (178 SE 386), a plaintiff who has had his action dismissed other than on the merits may refile within six months under Code § 3-808 where the original action was not barred by the statute of limitation.

¶4 4. The plaintiff’s petition in the present case was not subject to defendant’s general demurrer which alleged that the refiling of the action was barred by the statute of limitation.

¶5 Judgment affirmed.

Hall and Deen, JJ., concur.
/113/gaapp/179 · .json · Public domain