Fagan v. McTier
Supreme Court of Georgia
Appeal. Dismissal. Renewal of suit. Before Judge Hines. Jefferson superior court. November adjourned term, 1887. McTier sued Eagan in an action for damages for a breach of contract.
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Appeal. Dismissal. Renewal of suit. Before Judge Hines. Jefferson superior court. November adjourned term, 1887. McTier sued Eagan in an action for damages for a breach of contract. The defendant filed several pleas, among them a plea of former adjudication, which is the only one necessary to refer to; and this was submitted to the court upon the following agreed statement of facts: McTier brought an action against Eagan upon the same subject-matter, and in distinctly the same language as in the writ now pending, to the April quarterly term, 1885, of the county court, which had juris■diction…
1Opinion of the Court
Simmons, Justice.
The only complaint made by the bill of exceptions is, that the court erred in striking the plea of the defendant in the court below of a former recovery. The court below held that, where a plaintiff instituted his suit in the county court, and the judgment in that court was for the defendant, and the plaintiff appealed to the superior court, and the case when called in the superior court was dismissed on the plaintiff’s motion, and the plaintiff afterwards brought the same action in the superior court, a plea by the defendant of a former recovery was not a *75good plea to the…
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