Opinion
23768.
SUBMITTED NOVEMBER 15, 1966.
DECIDED DECEMBER 5, 1966.
Equitable petition. Fulton Superior Court. Before Judge McKenzie.
Moreton Rolleston, Jr., for appellant.
Edenfield, Heyman Sizemore, Joseph Lefkoff, for appellee.
This is an appeal from a judgment sustaining a motion to dismiss a plea in bar. The plea, based upon the ground of former adjudication between the parties, was not sufficient to withstand petitioner's motion to dismiss, as defendant introduced no evidence to prove the record in the prior case upon which he relied, and the trial court could not take judicial notice of the prior case. Altman v. Florida-Georgia Tractor Co., 217 Ga. 292 (3) ( 122 S.E.2d 88); King v. Pate, 215 Ga. 593 (1) ( 112 S.E.2d 589); Salter v. Heys, 207 Ga. 591 (3) ( 63 S.E.2d 376); Glaze v. Bogle, 105 Ga. 295, 298 ( 31 S.E. 169); Findley v. Johnson, 84 Ga. 69 (4) ( 10 S.E. 594). The trial court properly sustained the motion to dismiss the plea in bar.
Judgment affirmed. All the Justices concur.