75 Ga. 612 | Ga. | 1885
The precise question is this : If one sues a partnership, and is non-suited, can an action be re-commenced against one of the partners individually within six months after such non-suit, so as to prevent the statute of limitations from attaching, under section 2932 of the Code ? That section enacts that, “ If a plaintiff shall be non-suited, or shall discontinue or dismiss his case, and shall re commence within six months, such renewed action shall stand on the same footing as to limitation with the original case. . . .”
We are satisfied that a suit against a partnership which has been non-suited or dismissed is not the same as an action against an individual; hence, when such suit against a partnership has been non-suited, and another.action has been instituted against an individual whom it was alleged belonged to or was a member of the firm formerly sued,
Judgment affirmed.
