Legal Opinion
Jones v. American Mutual Liability Insurance
Court of Appeals of Georgia
Decided January 9, 1934No. 22995PublishedCited by 17 opinions
1Opinion of the CourtJenkins, P. J.
1. “A judgment of nonsuit is no bar to a subsequent action for the same cause brought in due time.” Civil Code (1910), § 5942. A judgment upon a directed verdict for the defendant, necessarily determining the merits of issues involved in the case, will bind the plaintiff as a res ad judicata or estoppel by judgment against him. See Wolfe v. Ga. Ry. & El. Co., 6 Ga. App. 410, 412 (65 S. E. 62); House v. Benton, 42 Ga. App. 97 (155 S. E. 47).
2. “When at the conclusion of the evidence offered for the plaintiff it appears that he has failed to make out a prima facie case, it is error to direct a…
2Cases cited24 opinions
- Gravitt v. Georgia Casualty Co.Supreme Court of Georgia · 1924
- Southeastern Express Co. v. EdmondsonCourt of Appeals of Georgia · 1923
- Thompson v. Etowah Iron Co.Supreme Court of Georgia · 1893
- Hines v. McLellanSupreme Court of Georgia · 1903
- Ætna Life Insurance v. DavisSupreme Court of Georgia · 1931
19 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Rourke v. United States Fidelity & Guaranty Co.Supreme Court of Georgia · 1939
- Woods v. Delta Air Lines, Inc.Supreme Court of Georgia · 1976
- Fireman's Fund Insurance v. CrowderCourt of Appeals of Georgia · 1971
- Continental Insurance Company v. McDanielCourt of Appeals of Georgia · 1968
- Robertson v. Carroll Furniture Co.Court of Appeals of Georgia · 1936
12 more not listed; retrieve them via the Exa API.