Legal Opinion

Morton v. Retail Credit Company

Court of Appeals of Georgia

Decided February 7, 1973No. 47687PublishedCited by 8 opinions

1Opinion of the Court

Clark, Judge.

This appeal is from a judgment sustaining a res judicata plea to a libel suit which plaintiff Morton had re-filed after a dismissal had occurred of his first action. The first dismissal had been in the nature of sanctions imposed by the trial court under Code Ann. § 81A-137 because of plaintiff having wilfully failed to file timely answers to interrogatories which defendants had propounded to him. That previous dismissal was affirmed by this court in 124 Ga. App. 728 (185 SE2d 777) with certiorari having been denied by the Supreme Court.

The laws on discovery were substantially…

2Cases cited5 opinions

  1. Maxey v. CovingtonCourt of Appeals of Georgia · 1972
  2. Smith v. MullinaxCourt of Appeals of Georgia · 1970
  3. Morton v. Retail Credit Co.Court of Appeals of Georgia · 1971
  4. Old South Invest. Co. v. Aetna Insurance Co.Court of Appeals of Georgia · 1971
  5. Leonard Bros. Trucking Co. v. Crymes Transports, Inc.Court of Appeals of Georgia · 1971

3Cited by8 opinions

  1. Community State Bank v. StrongCourt of Appeals for the Eleventh Circuit · 2011
  2. Kahn v. KahnCalifornia Court of Appeal · 1977
  3. Phillips v. Peachtree HousingCourt of Appeals of Georgia · 1976
  4. Lee v. MorrisonCourt of Appeals of Georgia · 1976
  5. Boles v. BannisterCourt of Appeals of Georgia · 1974

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