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Miller v. Franklin
80 S.E. 549
Ga. Ct. App.
1914
Check Treatment
Russell, C. J.

1. The question as to whether certain guano was furnished by the landlord, or by another, being a matter of fact, for determination by the jury, and there being sufficient evidence to authorize the verdict foreclosing the landlord’s lien, it was not error to overrule the motion for a new trial. Henderson v. Hughes, 4 Ga. App. 53 (69 S. E. 813).

2. As appears from the judgment refusing a new trial, the matters dealt with in the disallowed amendment to the answer had been passed upon in a former suit between the same parties. “A judgment of a court of competent jurisdiction is conclusive between the same parties . . as to all matters put in issue, or which under the rules of law might have been put in issue in the cause wherein the judgment was rendered.” Civil Code, § 4336. Judgment affirmed.

Case Details

Case Name: Miller v. Franklin
Court Name: Court of Appeals of Georgia
Date Published: Jan 20, 1914
Citation: 80 S.E. 549
Docket Number: 5219
Court Abbreviation: Ga. Ct. App.
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