Thomasson v. Hudmon

Grice, Justice.

The plea of res judicata was properly stricken, or, as the record recites, “overruled.” It was held in Walden v. Mahnks, 178 Ga. 825 (174 S. E. 538, 95 A. L. R. 1101) : “Although letters of administration have been granted upon a supposed intestacy and the administrator has obtained a final discharge, a will thereafter presented to the court of ordinary may nevertheless be admitted to probate, and this without previous annulment of the former judgments.” That decision in principle controls the point here made. There the caveators sought to plead the judgment as a bar to the…