Hoffman v. Summerford
Court of Appeals of Georgia
Complaint; from city court of Americas — Judge Harper. February 21, 1921.
1Opinion of the CourtStephens, J.
1. Where the issues presented by the pleadings in a pending suit could have been inquired into and adjudicated in a former suit between the same parties, based upon the same cause of action, either under the pleadings there existing or as the pleadings could and should have existed by germane and appropriate amendments made thereto, an adjudication of the former suit on its merits, either by demurrer to the petition or otherwise, is res judicata of all issues presented in the suit pending. Civil Code (1910), § 4338; Perry v. McLendon, 62 Ga. 598; 24 Am. & Eng. Ency. Law (2d. ed.), 714. See…
Also in this document: Concurrence.
2Cases cited7 opinions
- Perry v. McLendonSupreme Court of Georgia · 1879
- Draper v. MedlockSupreme Court of Georgia · 1905
- Kimbro & Morgan v. Virginia & Tennessee Air-Line Railway Co.Supreme Court of Georgia · 1876
- Wolfe v. Georgia Railway & Electric Co.Court of Appeals of Georgia · 1909
- Dodson v. Southern Railway Co.Supreme Court of Georgia · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Jones v. SchacterCourt of Appeals of Georgia · 1922
- Sparks & Hutson v. FortCourt of Appeals of Georgia · 1923
- Woods v. Travelers InsuranceCourt of Appeals of Georgia · 1936
- Jones v. SchacterCourt of Appeals of Georgia · 1924
- Hughes v. HendersonCourt of Appeals of Georgia · 1940
3 more not listed; retrieve them via the Exa API.