Cofer v. Williams

Court of Appeals of Georgia

Cofer v. Williams

232 S.E.2d 610, 141 Ga. App. 72, 1977 Ga. App. LEXIS 1769

Court of Appeals of Georgia·Decided January 24, 1977·No. 53151·Published·Cited by 6 cases

Opinion

Quillian, Presiding Judge.

"Compliance with Code Ann. § 3-116 is an absolute condition precedent before a valid judgment may be entered against the State of Georgia or any of its officials acting in their official capacity. Otherwise, the judgment is void. The record in this case does not affirmatively show that the requirements of the Code section were met. The judgment is therefore void on its face. A void judgment may be attacked in any court and by any person. Code Ann. § 81A-160 (a). Edwards v. Lumpkin, 112 Ga. App. 128 (144 SE2d 119), affirmed 221 Ga. 486 (145 SE2d 518).” Hawes v. Bigbie, 120 Ga. App. 294 (170 SE2d 302). Accord, State of Georgia v. Chiles, 129 Ga. App. 645 (200 SE2d 501).

In the instant case there is nothing to show that the Attorney General was notified, appeared or waived notice as required by Code Ann. § 3-116 (Ga. L. 1956, p. 625). Hence, the judgment rendered is not sustainable.

Judgment reversed.

Stolz and Shulman, JJ., concur. *73 Saliba & Newsom, Walter F. Newsom, for appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

Quillian, Presiding Judge.

"Compliance with Code Ann. § 3-116 is an absolute condition precedent before a valid judgment may be entered against the State of Georgia or any of its officials acting in their official capacity. Otherwise, the judgment is void. The record in this case does not affirmatively show that the requirements of the Code section were met. The judgment is therefore void on its face. A void judgment may be attacked in any court and by any person. Code Ann. § 81A-160 (a). Edwards v. Lumpkin, 112 Ga. App. 128 (144 SE2d 119), affirmed 221 Ga. 486 (145 SE2d 518).” Hawes v. Bigbie, 120 Ga. App. 294 (170 SE2d 302). Accord, State of Georgia v. Chiles, 129 Ga. App. 645 (200 SE2d 501).

In the instant case there is nothing to show that the Attorney General was notified, appeared or waived notice as required by Code Ann. § 3-116 (Ga. L. 1956, p. 625). Hence, the judgment rendered is not sustainable.

Judgment reversed.

Stolz and Shulman, JJ., concur. *73 Saliba & Newsom, Walter F. Newsom, for appellee.

Cofer v. Williams, 232 S.E.2d 610, 141 Ga. App. 72, 1977 Ga. App. LEXIS 1769 (Ga. Ct. App. 1977).

Pincite

232 S.E.2d 610 (Cofer v. Williams) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related