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BUIE v. WATERS

18104.

209 Ga. 608 (1953)

74 S.E.2d 883

BUIE et al., executors, et al. v. WATERS et al.

Supreme Court of Georgia.

Decided February 24, 1953.

Rehearing Denied March 10, 1953.

Attorney(s) appearing for the Case

Hugh R. Kimbrough, Henry H. Durrence and George H. Lane, for plaintiffs in error.

J. P. Dukes, W. Roscoff Deal, C. L. Purvis, Ralph U. Bacon, B. H. Ramsey, W. G. Neville and Wm. J. Neville, contra.

ALMAND, Justice.

1. A former recovery on grounds purely technical, and where the merits were not and could not have been in question, is not a bar to a subsequent action brought so as to avoid the objection fatal to the first. For the former judgment to be a bar, the merits of the case must have been adjudicated. Code, § 110-503. Where the court sustains a general demurrer on a ground that decides the merits of the case, the judgment can be pleaded in bar of...

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