119 Ga. 517 | Ga. | 1904
Paris, administrator, was plaintiff, and Rogers, sheriff, defendant, and the Citizens Banking Company intervenor in a money- rule brought in the city court of Eastman. The judgment was in favor of Paris. Rogers and the Banking Company sued out a petition for certiorari. At the hearing in the superior court this petition was dismissed, “ because insufficient in law, there being no proper assignment of error.” Within less than six months after the dismissal, the plaintiffs in certiorari undertook to renew under the provisions of the Civil Code, § 3786. When the second petition came on for a hearing, a motion was made to dismiss it upon various grounds, one among them being in substance that the first petition was not such a one as that a renewal thereof could be had under the statute. The court dismissed the petition, “ upon the general grounds that plaintiffs did not make out a case entitling them to certiorari,” and to this judgment exception has been taken.
The Civil Code, §3786, provides that “if a plaintiff shall be nonsuited, or shall discontinue or dismiss his case, and shall recommence within six months, such renewed case shall stand upon the same footing, as to limitation, with the original case.”
Judgment affirmed.