122 Ga. 385 | Ga. | 1905
When this case was called for a hearing in this court, counsel for the defendant in error moved to dismiss the writ of error, on the ground that no brief of the evidence introduced on the trial in the court below was incorporated in the bill of exceptions, nor was any brief of evidence approved and made a part of the record, and on- the further, ground that what appeared in the record sent to this court as a brief of the evidence had never been agreed upon by counsel nor approved by the court. Counsel for the plaintiff in error not being present at the argument, decision on this motion was reserved. An examination of the record shows what purports to be a brief of the evidence; but
The only other question with which we could deal, considering the state of the record; was fully decided when this case was here before. See Planters & Peoples Asso. v. DeLoach, 113 Ga. 803. We are satisfied that the rulings then made were correct; but whether so or not, having been so decided in this case, with the same parties before the court and upon the same facts, the question is res adjudicata. See the fourth division of the opinion of Mr. Justice Cobb in the .case cited.
Judgment affirmed.