42 S.E.2d 640 | Ga. | 1947
The plaintiff filed a petition to enjoin a decree of sale and to have it declared null and void. He also filed a petition to set aside the same decree. This petition to set aside is based upon two of the grounds which were urged in the petition for injunction. The decree thus attacked had been entered by the trial court in a land-partition suit between the same parties, and was subsequently affirmed by this court. Lankford v. Milhollin,
Since the issues raised both in the petition for injunction and in the petition to set aside, as well as the issues sought to be raised in the various voluminous amendments to such petitions, consisting of 74 pages, have almost all been specifically adjudicated adversely to the plaintiff in error in the former proceedings and affirmed by this court, and the small remainder could manifestly have been there raised, it follows that the trial court did not err in striking and disallowing the various amendments and in dismissing the petitions on demurrer.
Judgment affirmed in both cases. All the Justicesconcur.