Barnes v. Tant

Quillian, Justice.

Defendant alleges in his plea of res judicata that this action is barred by the holding of this court m Barnes v. Barnes, 214 Ga. 595 (106 SE2d 279). Both actions deal with the same subject matter and are similar, but not as to the principal grounds upon which the present action is predicated —specifically, improvement of health and condition of plaintiff, and improper course of conduct and maintenance by defendant derogatory to the children’s best interest during the period from June, 1960, to February, 1961 — which were not in esse in the prior action.

“While the judgment…