Sims v. Smith
Supreme Court of Georgia
Ejectment, in Walton Superior Court. Tried before Judge ■Jackson, August Term, 1855. The questions in this case came up upon an agreed cáse made. The following were the facts: An action had been brought under the form prescribed by the Act of 184T, in the •name of the same plaintiff and against the same defendants as in the case now pending. On that case two verdicts were rendered for the defendants.
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Ejectment, in Walton Superior Court. Tried before Judge ■Jackson, August Term, 1855. The questions in this case came up upon an agreed cáse made. The following were the facts: An action had been brought under the form prescribed by the Act of 184T, in the •name of the same plaintiff and against the same defendants as in the case now pending. On that case two verdicts were rendered for the defendants. The land was the same, and no new title or right of possession was shown since the verdict in the former action. The present case was brought un■der the old fictitious form in ejectment. The…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] The rule of practice, as derived from the English *125■Courts was, that a recovery in ejectment did not bar a subsequent action. This rule was founded, I suppose, upon the •nature and character of the action; which was a fictitious process brought to recover the possession of John Doe, a fictitious person.
By that fiction, if a verdict was rendered for the defendant, nothing more was decided than that John Doe was not entitled to the possession of the premises in question; perhaps the true effect of the verdict was only that he was not then…
2Cited by3 opinions
- Griffin v. SketoeSupreme Court of Georgia · 1860
- Boyle v. WallaceSupreme Court of Alabama · 1886
- Doe ex dem. Dearmond v. RoeSupreme Court of Georgia · 1860