Mutual Benefit Life Insurance v. Driskal

In an action upon a life-insurance policy the petition was dismissed upon special demurrer, which ruling was affirmed by this court. 144 Ga. 534 (87 S. E. 668). Subsequently the plaintiff brought a second action on the same policy, and the defendant pleaded the judgment dismissing the former action as res adjudicata. The trial judge who passed on the case without a jury sustained the plea. Upon review by the Court, of Appeals the judgment of the trial court was reversed. 21 Ga. App. 777 (95 S. E. 268). The case came before this court on certiorari. The original petition having been dismissed…