Summary
In Anderson v. Southern Bell Telephone Telegraph Company, 108 Ga. App. 314, 132 S.E.2d 820, the same result was reached with reference to the Georgia nonsuit statute.
Summary of this case from High v. BroadnaxOpinion
40246.
DECIDED SEPTEMBER 4, 1963. REHEARING DENIED SEPTEMBER 16, 1963.
Action for damages. Troup Superior Court. Before Judge Knight.
Richter Birdsong, Horace E. Richter, W. Ken Askew, for plaintiff in error.
Foley, Chappell, Young, Hollis Schloth, B. H. Chappell, contra.
1. An action brought in a Federal district court against a corporation and dismissed, because no diversity of citizenship existed under Federal statutes, cannot be again brought in a superior court of this State within six months under the provisions of Code § 3-808 so as to avoid the statute of limitation which had attached before the second suit was filed. See Constitution Pub. Co. v. DeLaughter, 95 Ga. 17 ( 21 S.E. 1000); Webb v. Southern Cotton Oil Co., 131 Ga. 682 ( 63 S.E. 135); and Hendricks v. Southern R. Co., 17 Ga. App. 638 ( 87 S.E. 908).
2. The petition in the case sub judice showed on its face the facts set out above and the trial court did not err in sustaining the general demurrer based upon the ground that the plaintiff's right to recover was barred by the statute of limitation.
Judgment affirmed. Jordan and Eberhardt, JJ., concur. Frankum, J., disqualified.