Supreme Court of Georgia, 1930

Becker v. Truitt

Becker v. Truitt
Supreme Court of Georgia · Decided July 16, 1930 · Hill
170 Ga. 757; 154 S.E. 262; 1930 Ga. LEXIS 233
Becker v. Truitt

Cases that cite this one

5 later published cases cite this decision.

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Opinion of the Court

Hill, J.

1. “A judgment rendered against a person in his assumed or trade-name is not void.” Eslinger v. Herndon, 158 Ga. 823 (4), 826 (124 S. E. 169). The Court of Appeals so ruled when this case was before it. Becker v. Truitt, 39 Ga. App. 286 (2) (146 S. E. 654).

2. Every question now presented was adjudicated adversely to the petitioner when the case was before the Court of Appeals,-and the ruling of that court is now the law of the ease. The law of the case having been settled as just stated, the superior court erred in overruling the general demurrer to the petition, and in granting an interlocutory injunction.

Judgment reversed.

All the Justices concur.

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