Stanley v. Dominy

Jenkins, Justice.

1. Under the rule of res judicata, a former judgment is conclusive in a suit “between the same parties 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.” Code, § 110-501; Sumner v. Sumner, 186 Ga. 390 (2) (197 S. E. 833). But the parties are not the same, nor are the issues the same, if in one case the defendant is sued individually, and in the other case he is sued- in a representative capacity. Boone v. Loggins, 178 Ga. 471 (173 S. E. 715); 30 Am. Jur. 957, § 224, and cit.…