55 S.E.2d 721 | Ga. Ct. App. | 1949
1. "When a party assumes a certain position in a legal proceeding, and succeeds in maintaining that position through a judgment of the court, or through the acquiescence of the opposite party to his prejudice, he will not thereafter be permitted to assume, as to the same subject-matter and against the same adversary, a contrary position."
2. The court did not err in overruling the motion to strike the defendant's plea to the effect that the notes sued upon were based upon no valid consideration.
2. We come next to consider whether the court erred in overruling the motion to strike paragraph 2 of the defendant's answer regarding no consideration. We do not think that the court erred. Counsel for the plaintiff rely on the cases of Blalock
v. Brantley,
We have not dealt specifically with the various assignments of error in the special grounds because they are controlled by what we have set forth in the opinion.
The court erred in overruling the motion for a new trial on the general grounds with reference to the plea of res judicata, and the case is reversed on the general grounds and remanded for a trial on the second portion of the plea of the defendant that the notes are without consideration.
Judgment reversed, with direction. MacIntyre, P. J., andTownsend, J., concur.