TUCKER v. MITCHELL

40857.

252 Ga. 545 (1984)

314 S.E.2d 896

TUCKER v. MITCHELL.

Supreme Court of Georgia.

Rehearing Denied May 15, 1984.


Attorney(s) appearing for the Case

Bovis, Kyle & Burch, Steven J. Kyle, John C. Bach, for appellant.

Johnson, Griffin & Jones, Gregory A. Griffin, Gray D. L. Smith, for appellee.


CLARKE, Justice.

Plaintiff (appellee here) dismissed an action against defendant (appellant) and on the same day filed another action against him. Plaintiff did not pay costs in the dismissed action until some three weeks after the second action was filed. Defendant did not raise plaintiff's failure to pay costs in his answer. He subsequently filed a motion to dismiss which was denied by the trial judge on the basis that defendant's failure to raise the affirmative...

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