Souther v. Kichline

Court of Appeals of Georgia

Souther v. Kichline

183 S.E.2d 87, 124 Ga. App. 111, 1971 Ga. App. LEXIS 831

CourtCourt of Appeals of Georgia

DecidedJune 22, 1971

Docket45982

StatusPublished

This text of 183 S.E.2d 87 (Souther v. Kichline) 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

Souther v. Kichline, 183 S.E.2d 87, 124 Ga. App. 111, 1971 Ga. App. LEXIS 831 (Ga. Ct. App. 1971).

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Opinion

Bell, Chief Judge.

This appeal is from the grant of appellee’s motion for summary judgment in a processioning proceeding. The appellant was one of two applicants in the court below and the appellee was one of the protestants. The appellee pleaded the defense of res judicata and moved for summary judgment on this ground. He supported the motion with the record of a prior processioning proceeding between the same parties to this case concerning the same issue of boundary and in which the appellee obtained judgment in his favor. The appellant made no contrary showing. The motion for summary judgment was properly granted. Code § 110-501; § 56 (e) of the Civil Practice Act (Code Ann. § 81A-156 (e)); Register v. Herrin, 224 Ga. 673 (164 SE2d 124).

Judgment affirmed.

Pannell and Deen, JJ., concur.

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Bell, Chief Judge.

This appeal is from the grant of appellee’s motion for summary judgment in a processioning proceeding. The appellant was one of two applicants in the court below and the appellee was one of the protestants. The appellee pleaded the defense of res judicata and moved for summary judgment on this ground. He supported the motion with the record of a prior processioning proceeding between the same parties to this case concerning the same issue of boundary and in which the appellee obtained judgment in his favor. The appellant made no contrary showing. The motion for summary judgment was properly granted. Code § 110-501; § 56 (e) of the Civil Practice Act (Code Ann. § 81A-156 (e)); Register v. Herrin, 224 Ga. 673 (164 SE2d 124).

Judgment affirmed.

Pannell and Deen, JJ., concur.

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Bluebook (online)

183 S.E.2d 87, 124 Ga. App. 111, 1971 Ga. App. LEXIS 831, Counsel Stack Legal Research, https://law.counselstack.com/opinion/souther-v-kichline-gactapp-1971.

Opinion

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