13 Ga. 306 | Ga. | 1853
By the Court.
delivering tbe opinion.
The first position taken by the counsel for the plaintiff in error, is, that the first action was not a suit or action, and therefore the plaintiff below can take no benefit under the Act of 1847. If it was not the Statute protected Cox on the
But it is said that the second is not a renewal of the first suit, because brought against a different tenant, and therefore the plaintiff is not within the Act of ’47. It is the same, certainly so far as Cox is concerned. It is for the same land, in favor of the same plaintiff, and he was a party defendant to both.
Let the judgment be affirmed.