Robertson v. Russell

Court of Appeals of Georgia

Robertson v. Russell

78 S.E. 682, 13 Ga. App. 27, 1913 Ga. App. LEXIS 12

CourtCourt of Appeals of Georgia

DecidedJune 25, 1913

Docket4823

StatusPublished

Cited by6 cases

This text of 78 S.E. 682 (Robertson v. Russell) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robertson v. Russell, 78 S.E. 682, 13 Ga. App. 27, 1913 Ga. App. LEXIS 12 (Ga. Ct. App. 1913).

Pincite

Opinion

Pottle, J.

It appears, from ..the answer of the magistrate, that, on account of the inclemency of the weather, the court was moved about forty yards from the usual place for' holding court and in sight of that place. ' The judgment rendered against the plaintiff in certiorari probably was void, as was held by the trial- judge, who sustained the certiorari. Carter v. Atkinson, 12 Ga. App. 390 (77 S. E. 370).- If the- judgment was void, certiorari was not the •remedy. A void 'judgment is no judgment, and may be disregarded and treated as an absolute nullity. - The judge of the superior court should, therefore, have overruled the certiorari,' since it was not available as a remedy to set aside a void judgment.

Judgment reversed.

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Pottle, J.

It appears, from ..the answer of the magistrate, that, on account of the inclemency of the weather, the court was moved about forty yards from the usual place for' holding court and in sight of that place. ' The judgment rendered against the plaintiff in certiorari probably was void, as was held by the trial- judge, who sustained the certiorari. Carter v. Atkinson, 12 Ga. App. 390 (77 S. E. 370).- If the- judgment was void, certiorari was not the •remedy. A void 'judgment is no judgment, and may be disregarded and treated as an absolute nullity. - The judge of the superior court should, therefore, have overruled the certiorari,' since it was not available as a remedy to set aside a void judgment.

Judgment reversed.

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Bluebook (online)

78 S.E. 682, 13 Ga. App. 27, 1913 Ga. App. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robertson-v-russell-gactapp-1913.

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