Lewis v. Price

Jordan, Judge.

In order for the docrtine of res judicata to apply, or for a party to take advantage of the doctrine in a subsequent suit brought against him after the termination of the first, there are three prerequisites to which the situation must conform. They are: (1) identity of parties; (2) identity of the cause of action; and (3) adjudication by a court of competent jurisdiction. All of these elements must concur. Stevens v. Stembridge, 104 Ga. 619, 622 (31 SE 413); Woods v. Travelers Ins. Co., 53 Ga. App. 429 (186 SE 467); Kramer v. O’Dell, 89 Ga. App. 718 (3) (80 SE2d 852).

While the…