§ 9-12-42. Former judgment not a bar, when

Codes > Code of Georgia > Title 9. > Chapter 12. : Article 2. > 9-12-42. Former

§ 9-12-42. Former judgment not a bar, when

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.