FRANKUM, Justice.
We have for consideration in this case the construction to be given the provisions of § 41 (b) of the Civil Practice Act (Ga. L. 1966, pp. 609, 653; Code Ann. § 81A-141 (b)), as it relates to an order of dismissal for failure to pay the costs. In the instant case it appears that the plaintiffs had previously filed a complaint for the same cause of action against the same defendant in the Superior Court of Clarke County. That action...
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