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Souther v. Kichline

Court of Appeals of Georgia
Jun 22, 1971
183 S.E.2d 87 (Ga. Ct. App. 1971)

Opinion

45982.

SUBMITTED MARCH 1, 1971.

DECIDED JUNE 22, 1971.

Processioning. Hall Superior Court. Before Judge Kenyon.

Hammond Johnson, Jr., for appellant.

Herbert Edmondson, for appellees.


This appeal is from the grant of appellee's motion for summary judgment in a processioning proceeding. The appellant was one of two applicants in the court below and the appellee was one of the protestants. The appellee pleaded the defense of res judicata and moved for summary judgment on this ground. He supported the motion with the record of a prior processioning proceeding between the same parties to this case concerning the same issue of boundary and in which the appellee obtained judgment in his favor. The appellant made no contrary showing. The motion for summary judgment was properly granted. Code § 110-501; § 56 (e) of the Civil Practice Act ( Code Ann. § 81A-156 (e)); Register v. Herrin, 224 Ga. 673 ( 164 S.E.2d 124).

Judgment affirmed. Pannell and Deen, JJ., concur.

SUBMITTED MARCH 1, 1971 — DECIDED JUNE 22, 1971.


Summaries of

Souther v. Kichline

Court of Appeals of Georgia
Jun 22, 1971
183 S.E.2d 87 (Ga. Ct. App. 1971)
Case details for

Souther v. Kichline

Case Details

Full title:SOUTHER v. KICHLINE et al

Court:Court of Appeals of Georgia

Date published: Jun 22, 1971

Citations

183 S.E.2d 87 (Ga. Ct. App. 1971)
183 S.E.2d 87