2022 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.

History. 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.

History of Code section.

The language of this Code section is derived in part from the decision in Watkins v. Lawton, 69 Ga. 671 (1882).

Law reviews.

For article, “Uninsured Motorist Coverage in Georgia,” see 4 Ga. St. B.J. 329 (1968).

For note, “Res Judicata in the Georgia Courts,” see 11 Ga. L. Rev. 929 (1977).

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 case comment, “Yost v. Torok and Abusive Litigation: A New Tort to Solve an Old Problem,” see 21 Ga. L. Rev. 429 (1986).

For case note, “Lynch v. Waters: Tolling Georgia’s Statute of Limitations for Medical Malpractice,” see 38 Mercer L. Rev. 1493 (1987).

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, “Reluctance or Apathy? Examining Georgia’s Continued Adherence to a Strict Mutuality Issue Preclusion Doctrine,” see 37 Ga. St. U.L. Rev. 541 (2021).