STEGALL v. JONES

34281.

87 Ga. App. 115 (1952)

73 S.E.2d 42

STEGALL v. JONES.

Court of Appeals of Georgia.

Decided October 24, 1952.


Attorney(s) appearing for the Case

Marson G. Dunaway Jr., for plaintiff in error.

J. M. Grubbs Jr., contra.


FELTON, J.

The plea of res judicata will be construed as alleging that the plaintiff and the defendant entered into an agreement whereby the defendant was to give I. O. Stegall a note for the principal sum of $300 as full settlement of the plaintiff's claim for damages against the defendant. The court, without a hearing on the evidence, treated the defendant's allegations in said plea as being true and as being proved and sustained the plea. This was error. The defendant...

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