O.C.G.A. § 9-12-42: Judgment no bar absent decision on merits.
Where this section sits in the code
- TITLE 9 Civil Practice
- CHAPTER 12 Verdict and Judgment
- Article 2 Effect of Judgments
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.
Collected 2026-09-17T19:34:57Z. Source file · JSON