Macon & Birmingham Railway Co. v. Walton

1. Where a suit was brought in a justice’s court, and was dismissed on motion of the defendant because the summons did not comply with the requirement that it have attached thereto “a copy of the cause of action sued on,” and because “it was impossible to tell from the summons, or the ‘account’ thereto attached, the nature of the claim upon which the action was based,” no adjudication of the merits of the cause was made.

2. The court properly overruled a plea of res adjudicata which alleged that a cause between the same parties'had been dismissed for the reasons stated in the preceding…