Legal Opinion

Martin v. Phelps

Court of Appeals of Georgia

Decided April 14, 1967No. 42699Published

1Opinion of the Court

Felton, Chief Judge.

“A judgment of a court of competent jurisdiction shall be conclusive between the same parties and their privies as to all matters put in issue, or which under the rules of law might have been put in issue in the cause wherein the judgment was rendered, until such judgment shall be reversed or set aside.” (Emphasis supplied.) Code § 110-501.

“[W]ith the one exception contained in the Code, § 107-102, which is not here applicable, no counterclaim is ".permitted to be urged in an action of trover, in the absence of exceptional *554circumstances sufficient to give rise to equitable…

2Cases cited7 opinions

  1. Hecht v. Snook & Austin Furniture Co.Supreme Court of Georgia · 1902
  2. Powers v. WrenSupreme Court of Georgia · 1944
  3. Scarborough v. EdgarSupreme Court of Georgia · 1933
  4. Henderson v. FoxSupreme Court of Georgia · 1888
  5. Jordan v. JC PENNEY COMPANYCourt of Appeals of Georgia · 1966

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