Wolfe v. Georgia Railway & Electric Co.
Court of Appeals of Georgia
Action for damages, from city court of Atlanta — Judge Reid. January 25, 1909. Wolfe brought an action in the city court of Atlanta against the street-railway company, the gist of his complaint being that while he was a passenger upon one of the cars of the defendant, a conductor insulted him by insinuating that he was a negro. Demurrers, both general and special, were filed.
Read the full summary
Action for damages, from city court of Atlanta — Judge Reid. January 25, 1909. Wolfe brought an action in the city court of Atlanta against the street-railway company, the gist of his complaint being that while he was a passenger upon one of the cars of the defendant, a conductor insulted him by insinuating that he was a negro. Demurrers, both general and special, were filed. The trial court sustained the general demurrer, in the following language: “Whether the defendant is or is not correct on its special contention in reference to the general demurrer, I am of the opinion that the petition…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
The Civil Code, §3744, declares, “If upon demurrer the court has decided upon the merits of the cause, the judgment may be pleaded in bar of another suit for the same cause;” while §5095 provides: “A .former recovery on grounds purely technical, and where the merits were not and could not have been in question, will not be a bar to a subsequent action brought so as to avoid the objection fatal to the first. Eor the former judgment to be a bar, the merits of the case must have been adjudicated.” Was the judgment upon the demurrer in the former case a ruling…
2Cases cited12 opinions
- Smith v. Floyd CountySupreme Court of Georgia · 1890
- Perry v. McLendonSupreme Court of Georgia · 1879
- Steed v. SavageSupreme Court of Georgia · 1902
- Papworth v. City of FitzgeraldSupreme Court of Georgia · 1900
- Greene v. Central of Georgia Railway Co.Supreme Court of Georgia · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- City Council v. LamarCourt of Appeals of Georgia · 1927
- Clegg v. United StatesCourt of Appeals for the Tenth Circuit · 1940
- Jones v. American Mutual Liability InsuranceCourt of Appeals of Georgia · 1934
- Sparks & Hutson v. FortCourt of Appeals of Georgia · 1923
- McCarthy Co. v. Dubuque District CourtSupreme Court of Iowa · 1926
14 more not listed; retrieve them via the Exa API.