Blakely v. Couch
Court of Appeals of Georgia
1ConcurrenceEvans, Judge
The majority opinion holds that the former judgment is not binding upon the plaintiff in the present litigation, because the former judgment did not result from an actual contested trial in the United States Court, but resulted from an agreement between the parties. I do not find any support in law for this position. Whether the former judgment is the result of an agreement, or default, or consent, or contested trial, it is binding on the parties and their privies. Code § 110-501. See Webster v. Dundee Mtg. &c. Co., 93 Ga. 278 (3) (20 SE 310); Kidd v. Huff, 105 Ga. 209 (1) (31 SE 430); Moore…
2Cases cited11 opinions
- Smith v. WoodCourt of Appeals of Georgia · 1967
- Blakewood v. Yellow Cab CompanyCourt of Appeals of Georgia · 1939
- Morris v. Georgia Power CompanyCourt of Appeals of Georgia · 1941
- RUSS TRANSPORT, INC. v. JonesCourt of Appeals of Georgia · 1961
- Kidd v. HuffSupreme Court of Georgia · 1898
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