49 Ga. App. 517 | Ga. Ct. App. | 1934
On July 8, 1929, the Southern Flour and Grain Company filed suit in the city court of Hall county against J. W. W. Simmons, Ed Rhodes and Glenn Puett doing “business under the partnership, name of Puett, Rhodes and Simmons,” upon an account for merchandise alleged to have been bought in October,
The account sued on is alleged to have been incurred in October, 1926. The suit in the municipal court of Atlanta was filed in August, 1932. "Was the statute of limitations tolled, under section 4381 of the Civil Code (1910), by the suit filed in the city court of
In McFarland v. McFarland, 151 Ga. 9 (105 S. E. 596), the first paragraph of the decision is as follows: “It is declared in the Civil Code, § 4381: ‘If a plaintiff shall be nonsuited, or shall discontinue or dismiss his ease, and shall recommence within six months, such renewed case shall stand upon the same footing, as to limitation, with the original case; but this privilege of dismissal and renewal shall be exercised only once under this clause.’ This statute applies only in cases in which a valid suit has been pending and subsequently dismissed.” (Italics ours.) And in the 4th paragraph the court said: “Applying the principles stated in the preceding
. The judge of the superior court did not err in overruling the certiorari and sustaining the judgment of the municipal, court.
Judgment affirmed.