Jones v. First National Bank of Atlanta

Smith, Judge.

Jones, appellant, had his suit against First National dismissed on the dual grounds of failure to state a claim upon which relief can be granted and res judicata. This appeal enumerates as error, and argues, only the latter grounds; the former, failure to state a claim, is never attacked as incorrect. We affirm.

Matters not enumerated as error will not be considered on appeal (Rider v. State, 226 Ga. 14 (2) (172 SE2d 318) (1970)) and are therefore presumed to be binding and correct. Nalley v. Aiken, 120 Ga. App. 535 (171 SE2d 377) (1969). "[Adjudgment which is correct will not be…