Owens v. Van Winkle Gin & Machinery Co.
Supreme Court of Georgia
Petition for injunction. Before Judge Lumpkin. Pulton county. September 3, 1894. Defendant in error sued Mountain in the city court of Atlanta, upon a note of Mountain payable to the order of Rexinger. Upon this suit garnishment proceedings issued, and were dissolved by Mountain giving bond with Owens as surety. On July 4, 1893, judgment was rendered by default against Mountain as principal and Owens as surety.
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Petition for injunction. Before Judge Lumpkin. Pulton county. September 3, 1894. Defendant in error sued Mountain in the city court of Atlanta, upon a note of Mountain payable to the order of Rexinger. Upon this suit garnishment proceedings issued, and were dissolved by Mountain giving bond with Owens as surety. On July 4, 1893, judgment was rendered by default against Mountain as principal and Owens as surety. Seven months afterward, they brought a petition for injunction to restrain the enforcement of the judgment, alleging that it was void because the note sued on was given to cover a loss…
1Opinion of the Court
Atkinson, Justice.
In this State, judgments conclude the parties not only upon the matters of fact which were expressly involved in the litigation, but also upon all that might have been called in question under the pleadings in the case. If to an ordinary common law action the party defendant has a good defense, of the benefit of which he was not deprived by the fraud of the adverse party, unmixed with negligence upon his part, and he fail to make that defense, the judgment concludes him as though it had been expressly put in issue and expressly adjudged against him. This is the general rule…
2Cases cited3 opinions
- Owen v. GibsonSupreme Court of Georgia · 1885
- Clay v. FryCourt of Appeals of Kentucky · 1813
- Woodson v. Barrett & Co.Supreme Court of Virginia · 1808
3Cited by5 opinions
- Benton & Brother v. SingletonSupreme Court of Georgia · 1902
- Latimer v. Irish-American BankSupreme Court of Georgia · 1904
- Clark v. Kaiser Agricultural ChemicalsCourt of Appeals of Georgia · 1980
- Nolan v. Southland Loan & Investment Co.Supreme Court of Georgia · 1933
- North Carolina Mutual & Provident Ass'n v. EdwardsSupreme Court of North Carolina · 1915