Covil v. Stansell

Court of Appeals of Georgia

Covil v. Stansell

147 S.E.2d 479, 113 Ga. App. 179, 1966 Ga. App. LEXIS 1006

CourtCourt of Appeals of Georgia

DecidedFebruary 23, 1966

Docket41666

StatusPublished

Cited by10 cases

This text of 147 S.E.2d 479 (Covil v. Stansell) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Covil v. Stansell, 147 S.E.2d 479, 113 Ga. App. 179, 1966 Ga. App. LEXIS 1006 (Ga. Ct. App. 1966).

Pincite

Opinion

Nichols, Presiding Judge.

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. 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. 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. 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.

Judgment affirmed.

Hall and Deen, JJ., concur.

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