57 Ga. 177 | Ga. | 1876
It appears from the record and bill of exceptions, that Deavours sued Gunnells in a justice's court on three promissory notes, two for $100 00 each, and the other for $55 31, and that an appeal was taken from* the decision of the justice to the superior court. On the trial of the appeal, the defendant pleaded a former recovery and the pendency of a former suit for the same cause of action. It appears that some former pretended suits had been instituted on these same notes in a justice’s court, and carried by an appeal to the superior court, where a pretended judgment was rendered thereon, which was brought up to this .court by writ of error,
Let the judgment be entered in conformity with this opinion.