Shearer v. Stamey

Court of Appeals of Georgia

Shearer v. Stamey

105 S.E. 854, 26 Ga. App. 120, 1921 Ga. App. LEXIS 10

CourtCourt of Appeals of Georgia

DecidedJanuary 20, 1921

Docket11302

StatusPublished

Cited by4 cases

This text of 105 S.E. 854 (Shearer v. Stamey) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shearer v. Stamey, 105 S.E. 854, 26 Ga. App. 120, 1921 Ga. App. LEXIS 10 (Ga. Ct. App. 1921).

Pincite

Opinion

Stephens, J.

1. Where a case has been dismissed upon the defendant’s motion, on a ground not going to the merits of the case, the dismissal will not, in a subsequent suit between the parties, support a plea of res judicata filed by the defendant. This rule is applicable in a “bailtrover ” proceeding where the former suit was dismissed on motion of the defendant upon the ground that the affidavit attached to the petition was defective. Civil Code (1910), § 5679; Papworth v. City of Fitzgerald, 111 Ga. 54 (36 S. E. 311).

2. The judge of the municipal court having properly stricken the defendant’s plea of res judicata, and the judgment rendered for the plaintiff being supported by the evidence, the judge of the superior court did not err in overruling the certiorari.

Judgment affwmed.

Jenkins, P. J., and Hill, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Stephens, J.

1. Where a case has been dismissed upon the defendant’s motion, on a ground not going to the merits of the case, the dismissal will not, in a subsequent suit between the parties, support a plea of res judicata filed by the defendant. This rule is applicable in a “bailtrover ” proceeding where the former suit was dismissed on motion of the defendant upon the ground that the affidavit attached to the petition was defective. Civil Code (1910), § 5679; Papworth v. City of Fitzgerald, 111 Ga. 54 (36 S. E. 311).

2. The judge of the municipal court having properly stricken the defendant’s plea of res judicata, and the judgment rendered for the plaintiff being supported by the evidence, the judge of the superior court did not err in overruling the certiorari.

Judgment affwmed.

Jenkins, P. J., and Hill, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

105 S.E. 854, 26 Ga. App. 120, 1921 Ga. App. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shearer-v-stamey-gactapp-1921.

Opinion

Related

Cite This Page — Counsel Stack