Stout v. Pate

Supreme Court of Georgia

Decided February 9, 1953

Supreme Court of Georgia · decided 1953-02-09

Relies on Bowen v. Smith-Hall Grocery Co. · Scoggins v. Knox · Peerless Laundry Co. v. Abraham

Good law ✅— No negative treatment on recordhow we know

Decided 1953-02-09

How this case has been cited

Cited by 12 later decisions — most recently December 1979

12 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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Duckworth, Chief Justice.

¶1A direct bill of exceptions will not lie to a judgment sustaining or striking a plea of res judicata, for the reason that such judgment is not final or otherwise within the meaning of Code (Ann. Supp.) § 6-701 (Ga. L. 1890-91, p. 82; 1946, pp. 726, 730). City of Tallapoosa v. Brock, 143 Ga. 599 (85 S. E. 755); Johnson v. Merchants’ & Farmers’ Bank, 141 Ga. 721 (81 S. E. 873); Harris v. Stowers, 192 Ga. 215 (15 S. E. 2d, 193); Peerless Laundry Co. v. Abraham, 193 Ga. 179 (17 S. E. 2d, 267). The judgment here complained of, in which the plaintiff’s plea of res judicata was stricken, not being such a “final” judgment, the writ of error is premature, and the motion to dismiss must be sustained.

¶2Writ of error dismissed.

All the Justices concur, except Atkinson, P. J., and Wyatt, J., not participating.