Summerour v. Summerour

Supreme Court of Georgia

Summerour v. Summerour

123 S.E.2d 753, 217 Ga. 561, 1962 Ga. LEXIS 324

CourtSupreme Court of Georgia

DecidedJanuary 22, 1962

Docket21498

StatusPublished

This text of 123 S.E.2d 753 (Summerour v. Summerour) 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

Summerour v. Summerour, 123 S.E.2d 753, 217 Ga. 561, 1962 Ga. LEXIS 324 (Ga. 1962).

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Opinion

Duckworth, Chief Justice.

The exception is to a judgment dismissing a motion by parties not parties to the original action to set aside a judgment therein, and also to set aside a judgment of the court of ordinary appointing the defendant therein [562]*562as administrator. The motion by these movants, who' were not parties to the judgment, must fail, and since there was no prayer for process, it is not maintainable as a suit in equity to set aside the two judgments therein attacked. Ingram & LeGrand Lumber Co. v. Burgin Lumber Co., 191 Ga. 584 (13 SE2d 370); Bivins v. Fleischer, 214 Ga. 380 (105 SE2d 12). The judgment of dismissal was the only judgment that could be lawfully entered, and it was not erroneous for any reason assigned.

Argued January 9, 1962 Decided January 22, 1962. Ivylyn 0. Askew, J. Robert Cooper, for plaintiffs in error. Smith, Oliver, Johnson & Bostick, Brannon •& Brannon, Howard T. Overby, contra.

Judgment affirmed.

All the Justices concur.

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Duckworth, Chief Justice.

The exception is to a judgment dismissing a motion by parties not parties to the original action to set aside a judgment therein, and also to set aside a judgment of the court of ordinary appointing the defendant therein [562]*562as administrator. The motion by these movants, who' were not parties to the judgment, must fail, and since there was no prayer for process, it is not maintainable as a suit in equity to set aside the two judgments therein attacked. Ingram & LeGrand Lumber Co. v. Burgin Lumber Co., 191 Ga. 584 (13 SE2d 370); Bivins v. Fleischer, 214 Ga. 380 (105 SE2d 12). The judgment of dismissal was the only judgment that could be lawfully entered, and it was not erroneous for any reason assigned.

Argued January 9, 1962 Decided January 22, 1962. Ivylyn 0. Askew, J. Robert Cooper, for plaintiffs in error. Smith, Oliver, Johnson & Bostick, Brannon •& Brannon, Howard T. Overby, contra.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

123 S.E.2d 753, 217 Ga. 561, 1962 Ga. LEXIS 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/summerour-v-summerour-ga-1962.

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