Carr v. Car-Perk Services, Inc.
| Decision Date | 05 December 1966 |
| Docket Number | CAR-PERK,No. 23768,23768 |
| Parties | James C. CARR v.SERVICES, INC. |
| Court | Georgia Supreme Court |
Moreton Rolleston, Jr., Atlanta, for appellant.
Edenfield, Heyman & Sizemore, Joseph Lefkoff, Atlanta, for appellee.
Syllabus Opinion by the Court
This is an appeal from a judgment sustaining a motion to dismiss a plea in bar. The plea, based upon the ground of former adjudication between the parties, was not sufficient to withstand petitioner's motion to dismiss, as defendant introduced no evidence to prove the record in the prior case upon which he relied, and the trial court could not take judicial notice of the prior case. Altman v. Florida-Georgia Tractor Co., 217 Ga. 292(3), 122 S.E.2d 88; King v. Pate, 215 Ga. 593(1), 112 S.E.2d 589; Salter v. Heys, 207 Ga. 591(3), 63 S.E.2d 376; Glaze v. Bogle, 105 Ga. 295, 298, 31 S.E. 169; Findley v. Johnson, 84 Ga. 69(4), 10 S.E. 594. The trial court properly sustained the motion to dismiss the plea in bar.
Judgment affirmed.
All the Justices concur.
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Drummond v. Fulton County Dept. of Family and Children Services
...however, they must be properly proved by placing the entire certified record of the previous case in evidence. Carr v. Car-Perk Services, Inc., 222 Ga. 793, 152 S.E.2d 692 (1966); Smith v. Bank of Acworth, 220 Ga. 626, 140 S.E.2d 889 (1965); Glaze v. Bogle, 105 Ga. 295, 31 S.E. 169 (1898). ......
- Dill v. State, 23771
- Clark v. State, 23783