119 Ga. 185 | Ga. | 1903
In the decisions in City of Atlanta v. Wilson, 70 Ga. 714, Stirk v. Central R. Co., 79 Ga. 497, Langston v. Marks, 68 Ga. 436, and Sweeney v. Malloy, 107 Ga. 80, construing the Civil Code, § 5043, it was held that the payment of costs was a condition precedent to the right to maintain a suit which had previously been dismissed or nonsuited, and that there was no