Hill v. Armour Fertilizer Works

1. If a court of competent jurisdiction, in dismissing a suit on demurrer, necessarily decides upon the merits of the case, the decision, as between the same parties and upon the same subject-matter, may be pleaded in bar of another suit. Fain v. Hughes, 108 Ga. 537 (33 S. E. 1012); Black v. Black, 27 Ga. 45; Gray v. Gray, 34 Ga. 499. But where a former suit was brought in a name which did not import either a natural person, a corporation, or a partnership, and in which the character of the plaintiff’s entity was not shown, and where on review of that case this court held that the demurrer…