Dolvin v. American Harrow Co.
Supreme Court of Georgia
Complaint. Before Judge Lewis. Greene superior court. May 1, 1905. The American Harrow Company brought suit against J. G. Dolvin on a promissory note which stated that “This is given in settlement of old note No. 3975.” The third paragraph of the petition alleged, that the note was past due, that the defendant refused to pay it, and that judgment was prayed for the amount due.
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Complaint. Before Judge Lewis. Greene superior court. May 1, 1905. The American Harrow Company brought suit against J. G. Dolvin on a promissory note which stated that “This is given in settlement of old note No. 3975.” The third paragraph of the petition alleged, that the note was past due, that the defendant refused to pay it, and that judgment was prayed for the amount due. The third paragraph of the answer was as follows: “In answer to paragraph three of said petition defendant says, that there was fraud in the procurement of said note; and there was never any consideration to support the…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1-2. “If upon demurrer the court has decided the merits of the cause, the judgment may be pleaded in bar of another suit for the same cause.” Civil Code, §3744. “If in rendering its judgment upon a demurrer to a petition the court does not decide upon the merits of the ease, a judgment sustaining the demurrer and dismissing the action is not a bar to another proceeding for the same cause.” Papworth v. Fitzgerald, 111 Ga. 54. This ruling was made in regard to the plaintiff’s petition, but the same principle would govern in regard to a judgment upon a…
2Cases cited27 opinions
- Eadie, Guilford & Co. v. AshbaughSupreme Court of Iowa · 1876
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
- Culbreath v. CulbreathSupreme Court of Georgia · 1849
- Lunsford, Maxwell & Co. v. Malsby & AverySupreme Court of Georgia · 1897
- McKeighan v. HopkinsNebraska Supreme Court · 1886
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3Cited by42 opinions
- Board of Education v. DaySupreme Court of Georgia · 1907
- Albany Phosphate Co. v. Hugger Bros.Court of Appeals of Georgia · 1908
- Warner v. HillSupreme Court of Georgia · 1922
- Gross v. StoneCourt of Appeals of Maryland · 1938
- O'Reilly's CaseMassachusetts Supreme Judicial Court · 1927
37 more not listed; retrieve them via the Exa API.