Legal Opinion
Smith v. Bird
Supreme Court of Georgia
Decided October 11, 1939No. 12979PublishedCited by 8 opinions
1Opinion of the Court
Reid, Chief Justice.
The plaintiff sought by petition in equity to cancel and set aside a judgment denying probate of a will in the court of ordinary. Claim to relief was based upon allegations of fraud on the part of the defendants in procuring the judgment. The question to be determined by us in whether the plaintiff is barred frqm maintaining the action, by virtue of a former adjudication in litigation between the same parties over the same subject-matter. In 1937 the plaintiff filed in the superior court her petition seeking the same relief as now sought, and basing her claim to it upon…
2Cases cited11 opinions
- Perry v. McLendonSupreme Court of Georgia · 1879
- Farmer v. BairdCourt of Appeals of Georgia · 1926
- Greene v. Central of Georgia Railway Co.Supreme Court of Georgia · 1901
- O'Malley v. WilsonSupreme Court of Georgia · 1936
- National Bank v. Southern Porcelain Manufacturing Co.Supreme Court of Georgia · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Piedmont Cotton Mills, Inc. v. WoelperSupreme Court of Georgia · 1998
- Rose Hall, Ltd. v. Chase Manhattan Overseas Banking Corp.District Court, D. Delaware · 1980
- Northern Assurance Co. v. AlmandSupreme Court of Georgia · 1953
- Dixon v. DixonSupreme Court of Georgia · 1954
- Smith v. Bank of AcworthCourt of Appeals of Georgia · 1965
3 more not listed; retrieve them via the Exa API.