Redwine v. Frizzell

Grice, Justice.

In Kimbro v. Virginia & Tennessee Ry. Co., 56 Ga. 185, it was in effect held that a dismissal of a declaration on general demurrer will bar a second declaration for the same cause of action, though it contains additional allegations, if byway of amendment they could have been incorporated in the first. In Perry v. McLendon, 62 Ga. 598, Mr. Justice Bleckley said: “The effect of a judgment can not be avoided by a difference in the pleadings, when those in the first ease could and should have been as full as those in the second, though in fact they were not. No party, plaintiff or…