110 Ga. 569 | Ga. | 1900
In the city court of Oartersville, Georgia, the Armour Packing Co., a non-resident corporation, brought an action against Brinsfield of Bartow county, Cochran of Polk county, and Martin of Pulton county, all of this State. This action was brought to the March term, 1899, of the court. At the following June term the defendants moved to dismiss the action, because the deposit on account of costs had not been made with the clerk of the court before the suit was filed or before the motion to dismiss was made. The motion was denied, and the defendants excepted, This motion appears to have been made under the provisions of section 5399 of the Civil Code, which declares that the “clerks of the superior and city courts shall not be required to file any proceeding in which the plaintiff is a non-resident, until ten dollars shall have been deposited with the clerk on account of costs.” By the act of 1896 (Acts 1896, p. 51) the provisions of this section were extended to county courts and justices’’ courts. This statute was adopted, in our opinion, solely to protect the officers
Judgment affirmed.