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EZZARD v. MORGAN

43590, 43591, 43592.

118 Ga. App. 50 (1968)

162 S.E.2d 793

EZZARD et al. v. MORGAN; and vice versa. MORGAN v. WEST et al.

Court of Appeals of Georgia.

Decided May 8, 1968.

Rehearing Denied May 27 And June 24, 1968.

Attorney(s) appearing for the Case

J. Ralph McClelland, for Morgan.

Mitchell, Clarke, Pate & Anderson, Stephens Mitchell, Taylor W. Jones, for Ezzard.

Sutherland, Asbill & Brennan, D. R. Cumming, Jr., J. D. Fleming, Jr., for West.

HALL, Judge.

1. Appeal No. 43590. Res judicata is an affirmative defense which would normally be raised by a responsive pleading. Code Ann. § 81A-108 (c). The appellants have raised this defense in their answer and by a motion to dismiss. "Ordinarily the affirmative defenses listed in [Code Ann. § 81A-108 (c)], and any other defense not specified in [Code Ann. § 81A-112], must be asserted by answer and cannot be the basis for a...

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