7 S.E.2d 317 | Ga. Ct. App. | 1940
1. The motion to dismiss the writ of error is denied.
2. "Where the court, on demurrer, holds that the transaction upon which a recovery is sought does not, as it is alleged in the petition, constitute a cause of action, and dismisses the suit on this ground, the judgment operates as a res adjudicata, and bars a subsequent suit between the parties on the same transaction, though in the first case the facts were untruly or improperly stated, and if they had been truly and properly stated, a cause of action would have been disclosed." (Italics ours.) Wolfe v. Georgia Railway Electric Co.,
3. Applying the above-stated ruling to the facts of this case, the court did not err in sustaining the plea of res adjudicata and dismissing the case.
Judgment affirmed. MacIntyre and Guerry, JJ.,concur.
