Fuller v. Curry

Supreme Court of Georgia

Decided May 14, 1926

Supreme Court of Georgia · decided 1926-05-14

Relies on Watts v. Watts · McConnell v. McConnell

Good law ✅— No negative treatment on recordhow we know

Decided 1926-05-14

How this case has been cited

Cited by 11 later decisions — most recently October 2003

11 state decisions

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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Gilbert, J.

¶1On authority of McGonnell v. McGonnell, 135 Ga. 828 (70 S. E. 647), the court did not err in dismissing the petition on demurrer.

¶2(a.) The case of Watts v. Watts, 130 Ga. 683 (61 S. E. 593), is distinguishable from McConnell v. McConnell, supra, in that the petition *294in the Waits case was dismissed by the court on its own motion prior to final judgment.

No. 5165.May 14, 1926.

¶3(h) On the question of estoppel in such a ease, compare authorities cited in McLeod v. McLeod, 144 Ga. at p. 360 (87 S. E. 286).

¶4Judgment affirmed.

All the Justices concur.Joe M. Lang, for plaintiff. Weltn&r & Sims, for defendant.