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14 Ga. App. 180

Miller v. Franklin

Court of Appeals of Georgia

Decided January 20, 1914

Court of Appeals of Georgia · decided 1914-01-20

<p>Foreclosure of lien; from city court of Statesboro — Judge Strange. August 29, 1913.</p>

Relies on 4 Ga. App. 52 - Henderson v. Hughes

Good law ✅— No negative treatment on recordhow we know

Decided 1914-01-20

How this case has been cited

Cited by 14 later decisions — most recently September 1964

14 state decisions

40191419201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Russell, C. J.

¶11. The question as to whether certain guano was furnished by the landlord, or by another, being a matter of fact, for determination by the jury, and there being sufficient evidence to authorize the verdict foreclosing the landlord’s lien, it was not error to overrule the motion for a new trial. Henderson v. Hughes, 4 Ga. App. 53(69 S. E. 813).

¶22. As appears from the judgment refusing a new trial, the matters dealt with in the disallowed amendment to the answer had been passed upon in a former suit between the same parties. “A judgment of a court of competent jurisdiction is conclusive between the same parties . . as to all matters put in issue, or which under the rules of law might have been put in issue in the cause wherein the judgment was rendered.” Civil Code, § 4336. Judgment affirmed.

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