136 Ga. 758 | Ga. | 1911
G. P. Huguley brought suit against Luther. Holmes to recover a described tract of land and mesne profits. The defendant filed a plea in abatement, alleging that the action was in renewal of a former suit brought by the same plaintiff against Luther Holmes, Mrs. Anna Holmes, and "W. A. Pough to recover the same land and mesne profits, which had been voluntarily dismissed by the plaintiff, and the renewed action was instituted without the payment of costs or the filing of an affidavit of the plaintiffs inability to pay costs. The issue formed on the plea in abatement was tried before the judge without a jury, who
Judgment reversed.