EVANS, Judge.
On July 13, 1967, the plaintiff, Earl K. cherry, filed an action against J. Carl Gilbert, being case number 10660, in Clayton Superior Court, which suit was served on the 17th day of July, 1967. Subsequently he voluntarily dismissed his action, and on the 22nd day of January, 1970, without previously paying the costs in that case, filed a new action between the same parties involving the same subject matter, the same being case number 11990, in Clayton...
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