Carmack v. Oglethorpe Company

I disagree with the majority (a) in construing the plea in abatement to be a plea of res judicata so as to preclude its dismissal because of a late filing; (b) in ruling that the trial judge was correct in sustaining the plea as a plea of res judicata when absolutely no evidence was introduced in support thereof; (c) in ruling that a prior judgment of nonsuit is res judicata as to, and requires a dismissal of, a subsequent suit brought on the same cause of action prior to the introduction of any evidence upon the trial of the case or the introduction of any evidence upon a motion for summary…