Legal Opinion
National Life & Accident Insurance v. Leo
Court of Appeals of Georgia
Decided November 24, 1934No. 23892PublishedCited by 4 opinions
1Opinion of the CourtJenkins, P. J.
1. While, in the language of the Civil Code (1910), §§ 4335 and 4336, in a defense of res judicata the subject-matter in issue in the former suit must have been “between the same parties,” and in a defense of estoppel by judgment the judgment must have been “between the same parties [or] their privies” (Callaway v. Irvin, 123 Ga. 344, 51 *474S. E. 477; Brenau Association v. Harbison, 120 Ga. 929, 932, 48 S. E. 363, 1 Ann. Cas. 836; Hamlin v. Johns, 41 Ga. App. 91, 151 S. E. 815), yet it is not required that all the parties on the respective sides of the litigation in the two eases shall have been…
2Cases cited16 opinions
- Hart Steel Co. v. Railroad Supply Co.Supreme Court of the United States · 1917
- Sumner v. SumnerSupreme Court of Georgia · 1904
- Webb v. . BuckelewNew York Court of Appeals · 1880
- Wardlaw v. Executive Committee of the Baptist ConventionCourt of Appeals of Georgia · 1933
- Callaway v. IrvinSupreme Court of Georgia · 1905
11 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Darling Stores Corporation v. BeatusSupreme Court of Georgia · 1945
- Burke v. StateSupreme Court of Georgia · 1949
- Crider v. HarrisSupreme Court of Georgia · 1937
- Hall v. State Highway BoardCourt of Appeals of Georgia · 1941