Williams v. Cheatham
| Decision Date | 10 August 1896 |
| Citation | 25 S.E. 698,99 Ga. 301 |
| Parties | WILLIAMS et al. v. CHEATHAM. |
| Court | Georgia Supreme Court |
Res Judicata.
it appearing from the allegations of the plaintiff's petition as amended that the various matters of which she therein complains against the defendant had been adjudicated against her by a consent judgment rendered in "an equity proceeding" to which both of them were parties, and the declaration not making it, for any reason therein alleged, apparent that this judgment was void, and neither it nor any of the pleadings upon which it was founded being set forth, and all the presumptions of law being in favor of its validity, the petition set forth no cause of action, and the court erred in overruling the demurrer to the same.
(Syllabus by the Court.)
Error from superior court, Madison county; Seaborn Reese, Judge.
Action by Elizabeth Cheatham against B. B. Williams and others. From a judgment overruling a demurrer to the complaint, defendants bring error. Reversed.
W. M. Howard and John J. Strickland, for plaintiffs in error.
H. H. Carlton, for defendant in error.
Judgment reversed.
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Hammond v. Thornton
...to try his rights touching his interest in or title to the property. See Webster v. Trust Co., 93 Ga. 278, 20 S. E. 310; Williams v. Cheatham, 99 Ga. 301, 25 S. E. 698. We doubt very much whether there was evidence in this case sufficient to authorize the jury, in any view of the case, to s......