Ponsell v. Citizens & Southern Bank

1. “It is well settled that if the court upon demurrer holds that the petition sets forth a cause of action, this decision, so long as it stands unreversed, is res adjudicata in the subsequent stages of the ease. Kimbro v. Railway Co., 56 Ga. 187; Turner v. Cates, 90 Ga. 742 (2) (16 S. E. 971); Ellis v. Almand, 115 Ga. 336 (2) (41 S. E. 642); Ga. Northern Ry. Co. v. Hutchins, 119 Ga. 505 (46 S. E. 659). It has also been held that a judgment on demurrer, until reversed, concludes the parties on all questions necessarily involved in the decision. Ga. Northern Ry. Co. v. Hutchins, supra. It…