Smith v. Bank of Acworth

Full title: SMITH v. BANK OF ACWORTH et al

Court: Supreme Court of Georgia

Date published: Feb 4, 1965

140 S.E.2d 889 (Ga. 1965)

220 Ga. 626

Opinion

22806.

ARGUED JANUARY 12, 1965.

DECIDED FEBRUARY 4, 1965.

Equitable petition. Cobb Superior Court. Before Judge Manning.

Alton T. Milam, for plaintiff in error.

Edwards, Bentley, Awtrey Parker, Lemon M. Awtrey, Jr., A. Sidney Parker, William A. Ingram, contra.

DUCKWORTH, Chief Justice.

The former suit by this petitioner against this same bank and against his wife raised all questions here involved and resulted in judgment against the petitioner, affirmed by this court in Smith v. Bank of Acworth, 218 Ga. 643 ( 129 S.E.2d 857). Thus is was not error to sustain the pleas in bar and abatement setting forth the record in the above case. Code §§ 110-501, 110-504; Fain v. Hughes, 108 Ga. 537 ( 33 S.E. 1012); Darling Stores Corporation v. Beatus, 199 Ga. 215 ( 33 S.E.2d 701); Gamble v. Gamble, 204 Ga. 82 ( 48 S.E.2d 540).

Judgment affirmed. All the Justices concur.

ARGUED JANUARY 12, 1965 — DECIDED FEBRUARY 4, 1965.