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Southern Railway Co. v. Daniels

29 S.E. 761, 103 Ga. 541, 1897 Ga. LEXIS 399
CourtSupreme Court of Georgia
DecidedNovember 30, 1897
StatusPublished
Cited by13 cases

This text of 29 S.E. 761 (Southern Railway Co. v. Daniels) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Southern Railway Co. v. Daniels, 29 S.E. 761, 103 Ga. 541, 1897 Ga. LEXIS 399 (Ga. 1897).

Opinion

Lumpkin, P. J.

A defendant against whom a judgment was rendered after he had been duly served has, in legal contemplation, “had his day in court, ’ ’ and ‘1 can not go behind the judgment by an affidavit of illegality. ’ ’ If the judgment was rendered in a justice’s court and the defendant was,, by the plaintiff’s fraud unmixed with negligence on the defendant’s part,, deprived of a hearing, atíd after the discovery of the fraud no remedy other than a resort to equity was available, a petition to set aside the-judgment would lie. Civil Code, <5 4742. And see Brewer v. Jones, 44 Ga. 71; Hood v. Parker, 63 Ga. 510; Tumlin v. O’Bryan, 68 Ga. 65, 66.

Judgment affirmed.

All the Justices concurring. Counsel for the plaintiff moved to dismiss the affidavit of illegality, upon the ground that the court had no right to go behind the judgment and entertain the same. The magistrate sustained the motion. Defendant carried the case to the superior court by certiorari. The judgment of the magistrate was affirmed, and defendant excepted. DeLaey & Bishop, for plaintiff in error.

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Bluebook (online)
29 S.E. 761, 103 Ga. 541, 1897 Ga. LEXIS 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-railway-co-v-daniels-ga-1897.