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AKINS v. BEAVER

37397.

98 Ga. App. 472 (1958)

106 S.E.2d 91

AKINS v. BEAVER.

Court of Appeals of Georgia.

Decided October 27, 1958.

Attorney(s) appearing for the Case

Johnston & Ussery, for plaintiff in error.

Neville & Neville, Wm. J. Neville, W. G. Neville, Ralph U. Bacon, contra.

QUILLIAN, Judge.

Where, as in this case, the judge sustains a plea of res judicata without hearing any evidence and there being no admission of the truth of the plea shown in the record, the trial court could not take judicial cognizance of the former judgment in another case between the same parties and enter an order sustaining the plea. Salter v. Heys, 207 Ga. 591 (3) (...

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