Supreme Court of Georgia, 1903

Monroe v. Fourakers

Monroe v. Fourakers
Supreme Court of Georgia · Decided June 29, 1903 · Simmons
117 Ga. 901; 45 S.E. 240; 1903 Ga. LEXIS 388

Monroe v. Fourakers

Opinion of the Court

Simmons, O. J.

Where in a suit by M. against T. the former has introduced in evidence the record of a former suit by IT. against B. and relies thereon as a former adjudication, it is error to refuse to allow him to show that, under notice from B., who had a remedy over against him, he had been vouched into court in the former suit and had participated therein in person and by attorney. This evidence was relevant to show that the judgment, though rendered in a suit to which he was not originally a party, was nevertheless conclusive as between him and IP. Civil Code, § 5234.

Judgment reversed.

All the Justices concur.

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