Ezzell v. Maltbie
Supreme Court of Georgia
Covenant, in Gwinnett Superior Court, before Judge Dougherty, March Term, 1849. John Ezzell commenced his action of covenant against the executors of Elisha Winn, deceased, upon the following instrument: “ Georgia, GwinneTt County : “ Know all men by these presents, that I, Elisha Winn, ain held and bound unto John Ezzell, jr. in the sum of four hundred dollars, to be paid on conditions, that the said Elisha "Winn shall make him, the said Ezzell, his heirs, &c. a good title…
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Covenant, in Gwinnett Superior Court, before Judge Dougherty, March Term, 1849. John Ezzell commenced his action of covenant against the executors of Elisha Winn, deceased, upon the following instrument: “ Georgia, GwinneTt County : “ Know all men by these presents, that I, Elisha Winn, ain held and bound unto John Ezzell, jr. in the sum of four hundred dollars, to be paid on conditions, that the said Elisha "Winn shall make him, the said Ezzell, his heirs, &c. a good title to the land and premises whereon he now lives i say, the land conveyed to James BroWn by James Clements, as per deed of…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering tlie opinion.
The question presented by this record is, when is a former recovery a complete bar to another suit?
Both policy and principle would seem to dictate, that whenever the record of the first suit covers the present cause of action, so that the merits might have ¿fie» passed upon, the former judgment would be conclusive, per se; otherwise, that salutary axiom of legal policy, which is as old as the law itself, nemo debet bis vexari pro una et eadem causa, would cease to have any practical value; and, as was most forcibly remarked by Mr. Justice…
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