Legal Opinion
Ezzard v. Morgan
Court of Appeals of Georgia
Decided May 8, 1968No. 43590, 43591, 43592PublishedCited by 21 opinions
1Opinion of the Court
Hall, Judge.
1. Appeal No. 43590. Res judicata is an affirmative defense which would normally be raised by a responsive pleading. Code Ann. § 81A-108 (c). The appellants have raised this defense in their answer and by a motion to dismiss. “Ordinarily the affirmative defenses listed in [Code Ann. § 81A-108 (c) ], and any other defense not specified in [Code Ann. § 81A-112], must be asserted by answer and cannot be the basis for a motion to dismiss. . . The reason is plain. Usually the facts necessary to establish the affirmative defense must be established by evidence and the issue must be…
2Cases cited10 opinions
- Brucker v. O'ConnorSupreme Court of Georgia · 1902
- Strickland v. GallowayCourt of Appeals of Georgia · 1965
- Strickland v. GallowayCourt of Appeals of Georgia · 1965
- Tradesmens Nat. Bank and Trust Co. v. CummingsNew Jersey Superior Court Appellate Division · 1955
- Willson v. Appalachian Oak Flooring & Hardware Co.Supreme Court of Georgia · 1965
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Drug Emporium, Inc. v. PeaksCourt of Appeals of Georgia · 1997
- Cobb County Fair Assn. v. BoyleCourt of Appeals of Georgia · 1977
- Murrey v. Specialty Underwriters, Inc.Supreme Court of Georgia · 1975
- Global Associates, Inc. v. Pan American Communications, Inc.Court of Appeals of Georgia · 1982
- Miller v. Columbus, GeorgiaSupreme Court of Georgia · 1972
16 more not listed; retrieve them via the Exa API.