City of Atlanta v. Anderson

Lumpkin, Justice.

1. The City of Atlanta and one Mahoney having been sued jointly for an alleged tort, and the court having dismissed the action as to the city on the ground that “ the declaration shows no cause of action against that defendant,” this was an adjudication that under the facts set forth in the declaration there could be no lawful recovery against the city by the plaintiff. It does not appear that any exception to this action by the court was in any manner taken by the plaintiff, and the judgment *483rendered is binding and conclusive, and must so remain' unless legally reversed or…