concurring specially. I concur in the result because, .while the rule stated in the majority opinion is clearly imposed by a long line of precedents, I consider it to be harsh and illogical. However, under these circumstances, the plaintiff in error has the right to renew his petition for certiorari within six months after dismissal. See Allen v. McGuire, 49 Ga. App. 60 (174 S. E. 147); Georgia Ry. &c. Co. v. J. M. High Co., 15 Ga. App. 243 (82 S. E. 932).