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KEITH v. DARBY

39060.

104 Ga. App. 624 (1961)

122 S.E.2d 463

KEITH v. DARBY.

Court of Appeals of Georgia.

Rehearing Denied October 13, 1961.

Attorney(s) appearing for the Case

Huie, Etheridge & Harland, Harry L. Cashin, Jr., for plaintiff in error.

Wilkinson, Hunt & O'Brien, A. Mims Wilkinson, Jr., contra.

EBERHARDT, Judge.

1. If the trial court, in sustaining a demurrer or a motion to dismiss a petition, does not base its judgment on the merits of the case, the judgment will not be a bar to a subsequent proceeding for the same cause. Code §§ 110-503, 110-504; National Bank of Augusta v. Southern Porcelain Mfg. Co., 59 Ga. 157, 165; Stevens v. Stembridge, 104 Ga. 619, 622 (31 SE 413); Fain v. Hughes, 108 Ga. 537 (33 SE 1012);

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