There is a newer version of the Georgia Code
2014 Georgia Code
Title 9 - CIVIL PRACTICE
Chapter 12 - VERDICT AND JUDGMENT
Article 2 - EFFECT OF JUDGMENTS
§ 9-12-42 - Judgment no bar absent decision on merits
GA Code § 9-12-42 (2014) What's This?
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.
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