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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.
Cite this article: FindLaw.com - Georgia Code Title 9. Civil Practice § 9-12-42 - last updated April 14, 2021 | https://codes.findlaw.com/ga/title-9-civil-practice/ga-code-sect-9-12-42/
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