Where a second counter affidavit to a dispossessory warrant is filed, it should not be dismissed merely because it is a second affidavit. Bowman v. Quick, 106 Ga. App. 213 (126 SE2d 536). Where the dismissal of the first counter affidavit was for want of prosecution, which is not an adjudication on the merits of the case (Kinney v. Avery & Co., 14 Ga. App. 180 (8), 80 SE 663, See National Bank of Augusta v. Southern Porcelain Mfg. Co., 59 Ga. 157, 165), it did not operate as res judicata of the matter raised.

The cases of Story v. Flournoy, McGehee & Co., 55 Ga. 56, and Green v. White Oak Club, 141 Ga. 646 (81 SE 867) were distinguished in Bowman v. Quick, 106 Ga. App. 213, supra at p. 214.

The court erroneously dismissed the second counter affidavit and this judgment must be

Mrs. Manley, through her attorney, filed an affidavit and obtained a dispossessory warrant against Price, who filed his counter affidavit setting out that he had not failed to pay the rent due, that he was not holding beyond his term and that he did not hold under Mrs. Manley. In October 1963, the case was called for trial and Price failed to appear. The court dismissed the counter affidavit and ordered a "writ of possession" to issue. Within the term, Price moved to set aside the judgment ordering a "writ of possession" to issue for the reason that the court lost jurisdiction once the counter affidavit was dismissed. See Murphey v. McGough, 105 Ga. 816 (31 SE 757). The court struck the portion of its order awarding possession to Mrs. Manley, leaving only an order returning the warrant to the sheriff, etc. Price then filed a second counter affidavit, setting forth that he did not hold the disputed premises, and on motion by Mrs. Manley the second counter affidavit was dismissed. Price excepts.