WEBB v. WALKER

19687.

213 Ga. 285 (1957)

98 S.E.2d 75

WEBB v. WALKER.

Supreme Court of Georgia.

Decided June 10, 1957.


Attorney(s) appearing for the Case

Daniel Duke, for plaintiff in error.

Preston Rawlins, J. B. O'Connor, Powell, Goldstein, Frazer & Murphy, contra.


WYATT, Presiding Justice.

1. The bill of exceptions in this case recites, "no evidence was introduced by either party with respect to the said plea of res adjudicata." The judgment signed by the trial judge sustaining the plea of res judicata is a part of the record. The judgment contains this recital, "After hearing evidence and argument of counsel of both sides . . ." "Where there is a conflict between the recitals in a bill of exceptions and the record, the record...

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