Richie v. DuBose , 6 Ga. App. 495 ( 1909 )

.Russell, J.

The evidence showed that the plaintiff had instituted a previous action in trover against the same defendant for the recovery of the personalty involved in the present suit, and had abandoned the first suit,, and instituted the present action without paying the costs of the former one or filing a pauper’s affidavit in lieu thereof as provided by law. Therefore the court did not err in sustaining the defendant’s plea in abate- ' ment and dismissing the action. Judgment affirmed.