Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 12. VERDICT AND JUDGMENT · Article 2. EFFECT OF JUDGMENTS

9-12-42. Judgment no bar absent decision on merits.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Where the merits were not and could not have been in question, a former recovery on purely technical grounds shall not be a bar to a subsequent action brought so as to avoid the objection fatal to the first. For a former judgment to be a bar to subsequent action, the merits of the case must have been adjudicated.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Civil Code 1895, § 5095; Civil Code 1910, § 5679; Code 1933, § 110-503.

Law reviews

For note discussing the requirement that an adjudication be on the merits for the principles of res judicata to apply, see 11 Ga. L. Rev. 929 (1977). For case comment, ‘‘Yost v. Torok and Abusive Litigation: A New Tort to Solve an Old Problem,’’ see 21 Ga. L. Rev. 429 (1986).

Other notes

History of Code section.: This Code section is derived from the decision in National Bank v. Southern Porcelain Mfg. Co., 59 Ga. 157 (1877).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from T09 Ch12-16 (V7A) 2015.pdf, Volume V7A, 2015 edition, pages 106 to 107; merge action: annotated; file SHA-256 c88496cf9e57.