Griffin v. Driver

Supreme Court of Georgia

Griffin v. Driver

46 S.E.2d 913, 203 Ga. 481, 1948 Ga. LEXIS 325

CourtSupreme Court of Georgia

DecidedFebruary 10, 1948

Docket16080.

StatusPublished

This text of 46 S.E.2d 913 (Griffin v. Driver) 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

Griffin v. Driver, 46 S.E.2d 913, 203 Ga. 481, 1948 Ga. LEXIS 325 (Ga. 1948).

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Opinion

Head, Justice.

“A judgment of a court of competent jurisdiction shall be conclusive between the same parties and their privies 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, until such judgment shall be reversed or set aside.” Code, § 110-501.

In Griffin v. Driver, 202 Ga. 111, the plaintiffs in error urged their claim of title to the property in dispute. It is true that the claim of title urged in that case by the plaintiffs in error was in defense of an injunction suit brought by Driver to restrain the defendants from trespassing upon the lands, while here the claim of title is urged in an original action by the plaintiffs in error, wherein it is contended that the facts alleged show an implied or constructive trust for the benefit of the plaintiffs. While there is some variation in the nature of the actions, the allegations upon which the plaintiffs in error rely are essentially the same, and the present case is controlled by the former judgment. The plaintiffs in error are precluded from maintaining the present action by the former judgment as the law of the case. Rivers v. Brown, 200 Ga. 52 (36 S. E. 2d, 429), and authorities cited.

Judgment affirmed.

All the Justices concur, except Bell, J., absent on account of illness, and Wyatt, J., who took no part in the consideration or decision of this case.

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Head, Justice.

“A judgment of a court of competent jurisdiction shall be conclusive between the same parties and their privies 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, until such judgment shall be reversed or set aside.” Code, § 110-501.

In Griffin v. Driver, 202 Ga. 111, the plaintiffs in error urged their claim of title to the property in dispute. It is true that the claim of title urged in that case by the plaintiffs in error was in defense of an injunction suit brought by Driver to restrain the defendants from trespassing upon the lands, while here the claim of title is urged in an original action by the plaintiffs in error, wherein it is contended that the facts alleged show an implied or constructive trust for the benefit of the plaintiffs. While there is some variation in the nature of the actions, the allegations upon which the plaintiffs in error rely are essentially the same, and the present case is controlled by the former judgment. The plaintiffs in error are precluded from maintaining the present action by the former judgment as the law of the case. Rivers v. Brown, 200 Ga. 52 (36 S. E. 2d, 429), and authorities cited.

Judgment affirmed.

All the Justices concur, except Bell, J., absent on account of illness, and Wyatt, J., who took no part in the consideration or decision of this case.

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Bluebook (online)

46 S.E.2d 913, 203 Ga. 481, 1948 Ga. LEXIS 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffin-v-driver-ga-1948.

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