Old South Invest. Co. v. Aetna Insurance Co.

Bell, Chief Judge.

The question raised in this appeal is whether the dismissal of the plaintiffs’ complaint in an earlier action under § 37 (d) of the Civil Practice Act (Code Ann. § 81A-137 (d)) for failure to answer interrogatories operates as an adjudi cation upon the merits and hence operates as a bar to an identical claim asserted in a subsequent suit. The order dismissing the earlier suit recites: "The above . . . matter having come on regularly to be heard upon defendant’s motion for an order to compel answers of interrogatories to plaintiffs, it appearing that such interrogatories were…