Supreme Court of Georgia, 1926

Cox v. Cox

Supreme Court of Georgia · Decided October 18, 1926 · No. 5491

163 Ga. 93; 135 S.E. 504; 1926 Ga. LEXIS 31

Cases that cite this one

3 later published cases cite this decision.

Northern Assurance Co. v. Almand (Ga. 1953)
Mosely v. Mosely (Ga. 1935)
McDonald Mortgage & Realty Co. v. Feingold (Ga. 1929)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

1. The court erred in overruling the plea of res judicata. Under the decision in Wilkinson v. Wilkinson, 159 Ga. 332 (125 S. E. 856), the petition set out a cause of action for a divorce on the ground of cruel treatment, and also of willful and continued desertion. The *94prior suit, which was dismissed on general demurrer, set out the same state of facts. The petitions in both of the suits having alleged the same state of facts; whether one is called a suit based upon cruel treatment and the other a suit based upon willful and continued desertion, the dismissal of the former suit is a bar to the latter suit, the controlling question being whether the two petitions alleged the same state of facts. Civil Code (1910), § 4338; Smith v. Smith, 125 Ga. 83 (54 S. E. 73), and cit.

No. 5491. October 18, 1926. Rehearing denied November 25, 1926.

2. The above ruling disposes of tile case. The court having erred in overruling the plea of res judicata, the further proceedings in the trial were nugatory. Judgment reversed.

All the Justices concur. Earl Sims, for plaintiff in error. George & John L. Westmoreland, contra.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.