Holley v. Mutual Investment Corp.

The defendants excepted to the sustaining of the demurrer to their purported plea of res judicata. “Before the doctrine of res judicata can be applied, it must appear that a judgment has been rendered in a court of competent jurisdiction in a former litigation between the same parties, based upon the same cause of action, in which event the litigants are bound to the extent of all matters put in issue or which under the rules of law might have been put in issue under the pleadings in the previous litigation.” House v. Benton, 42 Ga. App. 97 (155 S. E. 47). In the present case the defendants…