Sudderth v. Harris

1. A judgment sustaining a general demurrer to a petition, on the ground that the petition sets out no cause of action, is a decision upon the merits of the case. The judgment is res judicata of the cause of action sued on. Fain v. Hughes, 108 Ga. 537 (33 S. E. 1012); Wolfe v. Georgia Railway & Electric Co., 6 Ga. App. 410 (65 S. E. 62) ; Code of 1933, § 110-504 (Code of 1910, § 4338).

2. A petition, in a suit in the superior court of Gwinnett County, Georgia, in which it is alleged that “T. L. Harris, S. J. Busha, and Paul Sims, county commissioners of the County of Gwinnett,” and also the…