2021 Georgia Code
Title 9 - Civil Practice
Chapter 12 - Verdict and Judgment
Article 2 - Effect of Judgments
§ 9-12-40. Judgment Conclusive Between Which Persons and on What Issues

A judgment of a court of competent jurisdiction shall be conclusive between the same parties and their privies as to all matters put in issue or which under the rules of law might have been put in issue in the cause wherein the judgment was rendered until the judgment is reversed or set aside.

(Orig. Code 1863, § 3496; Code 1868, § 3519; Code 1873, § 3577; Code 1882, § 3577; Civil Code 1895, §§ 3742, 5348; Civil Code 1910, §§ 4336, 5943; Code 1933, § 110-501.)

- For article, "Uninsured Motorist Coverage in Georgia," see 4 Ga. St. B.J. 329 (1968). For article surveying Georgia cases dealing with environment, natural resources, and land use from June 1977 through May 1978, see 30 Mercer L. Rev. 75 (1978). For annual survey article on trial practice and procedure, see 50 Mercer L. Rev. 359 (1998). For article, "Construction Law," see 53 Mercer L. Rev. 173 (2001). For survey article on domestic relations cases for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 223 (2003). For survey article on construction law, see 60 Mercer L. Rev. 59 (2008). For note, "Res Judicata in the Georgia Courts," see 11 Ga. L. Rev. 929 (1977). For case note, "Lynch v. Waters: Tolling Georgia's Statute of Limitations for Medical Malpractice," see 38 Mercer L. Rev. 1493 (1987). For note, "Reluctance or Apathy? Examining Georgia's Continued Adherence to a Strict Mutuality Issue Preclusion Doctrine,” see 37 Ga. St. U.L. Rev. 541 (2021). For case comment, "Yost v. Torok and Abusive Litigation: A New Tort to Solve an Old Problem," see 21 Ga. L. Rev. 429 (1986).

ANALYSIS

• General Consideration
• Same Parties and Privies
• Law of the Case
• Res Judicata
• Estoppel by Judgment

RESEARCH REFERENCES

Am. Jur. 2d.

- 20 Am. Jur. 2d, Courts, § 125 et seq.

46 Am. Jur. 2d, Judgments, § 444 et seq.

15 Am. Jur. Pleading and Practice Forms, Judgments, §§ 55, 273.

- 50 C.J.S., Judgments, § 926 et seq.

- Judgment against less than all parties to contract as bar to action against others, 1 A.L.R. 1601.

Judgment in favor of less than all parties to contract as bar to action against other parties, 2 A.L.R. 124.

Application of doctrine of res judicata to item of single cause of action omitted from issues through ignorance, mistake, or fraud, 2 A.L.R. 534; 142 A.L.R. 905.

Judgment against executor or administrator qualified in one state as binding upon an executor or administrator of the same decedent, qualified in another, 3 A.L.R. 64.

Judgment against claim based on original form of indebtedness as res judicata as to claim based on new or substituted obligation, 4 A.L.R. 1173.

Rule against collateral attack as applicable to temporary injunction, 12 A.L.R. 1165.

Judgment on claim as bar to action to recover amount of payment which was not litigated in previous action, 13 A.L.R. 1151.

Right of infant to set aside consent judgment in action for personal injuries, 15 A.L.R. 667; 20 A.L.R. 1249.

Judgment in an action for death as a bar to another action for the same death in another jurisdiction or under another statute, 26 A.L.R. 984; 53 A.L.R. 1275.

Judgment in action on commercial paper as affecting party to the paper who was not a party to the suit, 34 A.L.R. 152.

Effect, in subsequent proceedings, of paternity findings or implications in divorce or annulment decree or in support or custody order made incidental thereto, 39 A.L.R. 1215; 78 A.L.R.3d 846.

Judgment for rent for particular period as bar to action for rent for subsequent period, 42 A.L.R. 128.

Conclusiveness of decree assessing stockholders of insolvent corporation as against nonresident stockholders not personally served within the state in which it was rendered, 48 A.L.R. 669; 175 A.L.R. 1419.

Judgment in action for services of physician or surgeon as bar to action against him for malpractice, 49 A.L.R. 551.

Suit in one state or country to enforce a contract as regards real property therein as a bar to suit in another state or country to enforce the contract as regards the property therein, 52 A.L.R. 180.

Judgment in action between assignee and third person as res judicata in action arising out of same transaction as assigned claim between assignor and third person, 55 A.L.R. 1037.

Conclusiveness of officer's return of service of process on which judgment in sister state was rendered, 59 A.L.R. 1398.

Judgment in favor of defendant in action by personal representative for damage to estate by injury resulting in death as bar to action in behalf of statutory beneficiaries, 64 A.L.R. 446.

Judgment in favor of defendant or respondent in an action or proceeding involving a matter of public right or interest as a bar to a subsequent action or proceeding by a different plaintiff or relator, 64 A.L.R. 1262.

Rendition of judgment against one not a formal party, who has assumed the defense, 65 A.L.R. 1134.

Judgment in replevin as bar to action by plaintiff for consequential damages for wrongful seizure or conversion of property, 69 A.L.R. 655.

Error in excluding recovery for future or permanent damages as affecting the operation of judgment as bar or res judicata in subsequent action to recover future damages, 69 A.L.R. 1004.

Judgment in action on accident or health policy as res judicata or estoppel in subsequent action involving same accident or sickness, 70 A.L.R. 1457.

Judgment in action or proceeding involving an installment of an assessment for a public improvement as res judicata as regards other installments of assessments, 74 A.L.R. 880.

Right of assignee of judgment against joint tort-feasors as between whom there is no right of contribution, 75 A.L.R. 1468.

Necessity of verdict against servant or agent as condition of verdict against master or principal for tort of servant or agent, 78 A.L.R. 365.

Successful defense by one codefendant, or a finding for "defendants," as inuring to benefit of defaulting defendant, 78 A.L.R. 938.

Conclusiveness of judgment against foreign corporation as to jurisdictional fact of doing business within state where that fact was contested, 80 A.L.R. 719.

Reversal of judgment as affecting another judgment based on the reversed judgment and rendered pending the appeal, 81 A.L.R. 712.

Judgment in action in which matter was asserted as a defense without seeking affirmative relief as precluding use of such matter as basis of an independent action, offset, or counterclaim, 83 A.L.R. 642.

Divorce decree as res judicata in respect of community property, 85 A.L.R. 339.

Distinction between judgment as bar to cause of action and as estoppel as to particular fact, 88 A.L.R. 574.

Denial of motion to dissolve temporary restraining order, temporary or preliminary injunction, or injunction pendente lite as res judicata so as to negative action on bond, 92 A.L.R. 273.

Change of former decisions by court of last resort as ground of relief from decrees or orders rendered or entered in the interval in other cases, 95 A.L.R. 708.

Judgment as res judicata of usury notwithstanding question as to usury was not raised, 98 A.L.R. 1027.

Judgment in favor of defendant in action for personal injuries as bar to suit for death caused by such injuries, and vice versa, 99 A.L.R. 1091.

Judgment for plaintiff in action in tort or contract against codefendants, as conclusive in subsequent action between codefendants as to the liability of both or the liability of one and nonliability of the other, 101 A.L.R. 104; 142 A.L.R. 727.

Homestead exemption as exception to rule that judgment is conclusive as to defenses which might have been but were not raised, 103 A.L.R. 934.

Judgment in action for personal injuries as res judicata or estoppel as to negligence and contributory negligence in action for damages to property in same accident and vice versa, 104 A.L.R. 973.

Judgment or order upholding prior judgment in the same state against direct attack upon ground of lack of jurisdiction, as conclusive in another state under the full faith and credit provision or doctrine of res judicata, 104 A.L.R. 1187.

Judgment in action for personal injuries to or death of one person as res judicata or conclusive of matters there litigated in subsequent action for personal injury to or death of another person in the same accident, 104 A.L.R. 1476.

Findings or order upon application for alimony pendente lite in action for divorce or separation as res judicata, 105 A.L.R. 1406.

Conclusiveness of judgment on demurrer, 106 A.L.R. 437.

Judgment in action for conversion or to recover possession of personal property, resulting from defalcation or misappropriation, as res judicata of subsequent action for conversion or to recover possession, 106 A.L.R. 1425.

When finding or adjudication as to one's mental condition by official or body not clearly judicial is conclusive evidence or has effect of a judgment as regards legal mental status, 108 A.L.R. 47.

Decree in suit by judgment creditor to set aside conveyance in fraud of creditors as bar to another suit for same purpose in respect of another conveyance, 108 A.L.R. 699.

Advantage which the original trier of facts enjoyed over reviewing court from opportunity of seeing and hearing witnesses, 111 A.L.R. 742.

Judgment for plaintiff in negligence action as available to one who was not a party to that action but who is made defendant in a subsequent action as derivatively responsible, 112 A.L.R. 404.

Tort damaging real property as creating a single cause of action or multiple causes of action in respect of different portions of land of the same owner affected thereby, 117 A.L.R. 1216.

Adjudication in fixing inheritance, succession, or estate tax, as conclusive for other purposes, 117 A.L.R. 1227.

Judgment or order in connection with appointment of executor or administrator as res judicata, as law of the case, or as evidence, on questions other than the validity of the appointment, 119 A.L.R. 594.

Judgment in action for personal injury or death as res judicata as to negligence or contributory negligence in subsequent action for death in same accident of person whose estate was represented by defendant in first action, 119 A.L.R. 1469.

Pleading waiver, estoppel, and res judicata, 120 A.L.R. 8.

Judgment against tort-feasor's insurer in action by injured person as res judicata in similar action by another person injured in same accident, 121 A.L.R. 890.

Res judicata as regards decisions or awards under workmen's compensation acts, 122 A.L.R. 550.

Judgment in action by third person against insured as res judicata in favor of indemnity or liability insurer which was not a nominal party, 123 A.L.R. 708.

Power, in absence of reservation by statute or decree, to modify provision in decree of divorce or separation as to alimony or separate maintenance, 127 A.L.R. 741.

Judgment in action between property owner and public improvement district or its officer as res judicata as against certificate holders who were not parties, 128 A.L.R. 392.

Doctrine of res judicata as applied to judgments by default, 128 A.L.R. 472; 77 A.L.R.2d 1410.

Judgment in action by or against corporation as res judicata in action by or against stockholder or officer of corporation, 129 A.L.R. 1041.

Doctrine of res judicata in income tax cases, 130 A.L.R. 374; 140 A.L.R. 797.

Decree of court of domicil respecting validity or construction of will, or admitting it or denying its admission to probate, as conclusive as regards real estate in another state devised by will, 131 A.L.R. 1023.

Judgment in action growing out of accident as res judicata, as to negligence or contributory negligence, in later action growing out of same accident by or against one not a party to earlier action, 133 A.L.R. 181; 23 A.L.R.2d 710.

Necessity, as condition of effectiveness of express finding on a matter in issue to prevent relitigation of question in later case, that judgment in former action shall have rested thereon, 133 A.L.R. 840.

Ruling on creditor's claim in bankruptcy as res judicata in subsequent proceeding by trustee to recover voidable preference or transfer, 134 A.L.R. 1191; 165 A.L.R. 1413.

Allowance or rejection of claim in bankruptcy proceedings as res judicata in independent action or proceeding between the claimant and another creditor, 135 A.L.R. 695.

Rule of res judicata as applied to judicial construction of will, 136 A.L.R. 1180.

Judgment as res judicata or conclusive as to party's attorney who was not himself a party, 137 A.L.R. 586.

Decree in suit for separation as res judicata in subsequent suit for divorce or annulment, 138 A.L.R. 346; 90 A.L.R.2d 745.

Judgment as conclusive as against, or in favor of one not a party of record or privy to a party, who prosecuted or defended suit on behalf and in the name of party, or assisted him or participated with him in its prosecution or defense, 139 A.L.R. 9.

Judgment as res judicata as to whether insured is "permanently disabled" within contemplation of insurance policy, 142 A.L.R. 1170.

Res judicata as affected by limitation of jurisdiction of court which rendered judgment, 147 A.L.R. 196; 83 A.L.R.2d 977.

Finality, for purposes of appeal, of judgment in federal court which disposes of plaintiff's claim, but not of defendant's counterclaim, or vice versa, 147 A.L.R. 583.

Conclusiveness as to merits of judgment of court of foreign country, 148 A.L.R. 991.

Judgment in wrongful death action as res judicata in a subsequent action in same jurisdiction for the same death under same statute brought by or for benefit of statutory beneficiary whose status as such was ignored in the former action, 148 A.L.R. 1346.

Res judicata as affected by newly discovered evidence after judgment, 149 A.L.R. 1195.

Judgment in tax cases in respect of one period as res judicata in respect of another period, 150 A.L.R. 5; 162 A.L.R. 1204.

Domestic decree of divorce based upon a finding of invalidity of a previous divorce in another state, as estopping party to the domestic suit to assert, in a subsequent litigation, the validity of the divorce decree in the other state, 150 A.L.R. 465.

Validity and effect of former judgment or decree as proper subject for consideration in declaratory action, 154 A.L.R. 740.

Judgment in action for damages to real property situated in another state or county as conclusive in respect of title, 158 A.L.R. 362.

Judgment based on construction of instrument as res judicata of its validity, 164 A.L.R. 873.

Reversal upon appeal by, or grant of new trial to, one coparty defendant against whom judgment was rendered, as affecting judgment in favor of other coparty defendants, 166 A.L.R. 563.

Validity and effect of judgment based upon erroneous view as to constitutionality or validity of a statute or ordinance going to the merits, 167 A.L.R. 517.

Judgment for or against person in fiduciary capacity as res judicata for or against him in his individual or a different fiduciary capacity, or vice versa, 170 A.L.R. 1180.

Conclusiveness of allowance of account of trustee or personal representative as respects self-dealing in assets of estate, 1 A.L.R.2d 1060.

Denial of divorce in sister state or foreign country as res judicata in another suit for divorce between the same parties, 4 A.L.R.2d 107.

Privity as between lessor or bailor and lessee or bailee of personal property as regards effect of judgment in third person's action for damages against lessee or bailee as res judicata in lessor's or bailor's subsequent action against third person for damage to the property, or vice versa, 4 A.L.R.2d 1378.

Judgment as res judicata pending appeal or motion for a new trial, or during the time allowed therefor, 9 A.L.R.2d 984.

Judgment in suit for cancellation of restrictive covenant on ground of change in neighborhood as res judicata in suit for injunction against enforcement of covenant on that ground, and vice versa, 10 A.L.R.2d 357.

Extent to which principles of res judicata are applicable to judgments in actions for declaratory relief, 10 A.L.R.2d 782.

Judgment for or against partner as res judicata in favor of or against copartner not a party to the judgment, 11 A.L.R.2d 847.

Judgment avoiding indemnity or liability policy for fraud as barring recovery from insurer by or on behalf of third person, 18 A.L.R.2d 891.

Judgment denying validity of will because of undue influence, lack of mental capacity, or the like, as res judicata as to validity of another will, deed, or other instrument, 25 A.L.R.2d 657.

Decree granting or refusing injunction as res judicata in action for damages in relation to matter concerning which injunction was asked in first suit, 26 A.L.R.2d 446.

Divorce decree as res judicata in independent action involving property settlement agreement, 32 A.L.R.2d 1145.

Judgment in bastardy proceeding as conclusive of issues in subsequent bastardy proceeding, 37 A.L.R.2d 836.

Acquittal on homicide charge as bar to subsequent prosecution for assault and battery, or vice versa, 37 A.L.R.2d 1068.

Effect of verdict "for plaintiff" in action against multiple defendants, 47 A.L.R.2d 803.

Applicability of res judicata to decrees or judgments in adoption proceedings, 52 A.L.R.2d 406.

Dismissal of civil action for want of prosecution as res judicata, 54 A.L.R.2d 473.

Judgment involving real property against one spouse as binding against other spouse not a party to the proceeding, 58 A.L.R.2d 701.

Conviction from which appeal is pending as bar to another prosecution for same offense, 61 A.L.R.2d 1224.

Judgment determining question of coverage of automobile liability policy as between insurer and one claiming to be insured as res judicata in subsequent action by injured person against insurer, 69 A.L.R.2d 858.

Doctrine of res judicata as applied to default judgments, 77 A.L.R.2d 1410.

Judgment in action by or against stockholder or corporate officer as res judicata in action by or against corporation, 81 A.L.R.2d 1323.

Res judicata as affected by limitation of jurisdiction of court which rendered judgment, 83 A.L.R.2d 977.

Judgment in false imprisonment action as res judicata in later malicious prosecution action, or vice versa, 86 A.L.R.2d 1385.

Erroneous decision as law of the case on subsequent appellate review, 87 A.L.R.2d 271.

Decree in suit for "separation" as res judicata in subsequent suit for divorce or annulment, 90 A.L.R.2d 745.

Circumstances under which court may abate a prior action and permit parties to proceed in subsequent action, 6 A.L.R.3d 468.

Modern status of doctrine of res judicata in criminal cases, 9 A.L.R.3d 203.

Judgment in spouse's action for personal injuries as binding, as regards loss of consortium and similar resulting damage, upon other spouse not a party to the action, 12 A.L.R.3d 933.

Judgment in action against codefendants for injury or death of person, or for damage to property, as res judicata in subsequent action between codefendants as to their liability inter se, 24 A.L.R.3d 318.

Liability insurer's right to open or set aside, or contest matters relating to merits of, judgment against insured, entered in action in which insurer did not appear or defend, 27 A.L.R.3d 350.

Mutuality of estoppel as prerequisite of availability of doctrine of collateral estoppel to a stranger to the judgment, 31 A.L.R.3d 1044.

Judgment in action against seller or supplier of product as res judicata in action against manufacturer for injury from defective product, or vice versa, 34 A.L.R.3d 518.

Judgment in action on express contract for labor or services as precluding, as a matter of res judicata, subsequent action on implied contract (quantum meruit) or vice versa, 35 A.L.R.3d 874.

Decree allowing or denying specific performance of contract as precluding, as a matter or res judicata, subsequent action for money damages for breach, 38 A.L.R.3d 323.

Judgment against parents in action for loss of minor's services as precluding minor's action for personal injuries, 41 A.L.R.3d 536.

When does jeopardy attach in a nonjury trial?, 49 A.L.R.3d 1039.

Acquittal in criminal proceeding as precluding revocation of probation on same charge, 76 A.L.R.3d 564.

Acquittal as bar to prosecution of accused for perjury committed at trial, 89 A.L.R.3d 1098.

Modern views of state courts as to whether consent judgment is entitled to res judicata or collateral estoppel effect, 91 A.L.R.3d 1170.

Judgment in death action as precluding subsequent personal injury action by potential beneficiary of death action, or vice versa, 94 A.L.R.3d 676.

Right to probate subsequently discovered will as affected by completed prior proceedings in intestate administration, 2 A.L.R.4th 1315.

Doctrine of res judicata or collateral estoppel as barring relitigation in state criminal proceedings of issues previously decided in administrative proceedings, 30 A.L.R.4th 856.

Construction and application of two-dismissal rule under federal law, 10 A.L.R. Fed. 3d 4.