Webb v. Walker

Wyatt, Presiding Justice.

1. The bill of exceptions in this case recites, “no evidence was introduced by either party with respect to the said plea of res adjudicata.” The judgment signed by the trial judge sustaining the plea of res judicata is a part of the record. The judgment contains this recital, “After hearing evidence and argument of counsel of both sides . . .” “Where there is a conflict between the recitals in a bill of exceptions and the record, the record must prevail.” Saliba v. Saliba, 201 Ga. 681 (1) (40 S. E. 2d 732). “There is no brief of evidence in this record, and in…