Carr v. Car-Perk Services, Inc.

152 S.E.2d 692, 222 Ga. 793, 1966 Ga. LEXIS 630
CourtSupreme Court of Georgia
DecidedDecember 5, 1966
Docket23768
StatusPublished
Cited by6 cases

This text of 152 S.E.2d 692 (Carr v. Car-Perk Services, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carr v. Car-Perk Services, Inc., 152 S.E.2d 692, 222 Ga. 793, 1966 Ga. LEXIS 630 (Ga. 1966).

Opinion

Mobley, Justice.

This is an appeal from a judgment sustaining a motion to dismiss a plea in bar. The plea, based upon the ground of former adjudication between the parties, was not sufficient to withstand petitioner’s motion to dismiss, as defendant introduced no evidence to prove the record in the prior case upon which he relied, and the trial court could not take judicial notice of the prior case. Altman v. Florida-Georgia Tractor Co., 217 Ga. 292 (3) (122 SE2d 88); King v. Pate, 215 Ga. 593 (1) (112 SE2d 589); Salter v. Heys, 207 Ga. 591 (3) (63 SE2d 376); Glaze v. Bogle, 105 Ga. 295, 298 (31 SE 169); Findley v. Johnson, 84 Ga. 69 (4) (10 SE 594). The trial court properly sustained the motion to dismiss the plea in bar.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)
152 S.E.2d 692, 222 Ga. 793, 1966 Ga. LEXIS 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-car-perk-services-inc-ga-1966.