147 Ga. 455 | Ga. | 1917
(After stating the foregoing facts.)
For the purposes of this case it is unnecessary to enter into a general discussion of any of the foregoing questions. The rule in this State is recognized in Dobbins v. Dupree, 39 Ga. 394 (2), as follows: “Though an attorney who appears and confesses judgment for a suitor is prima facie to be taken as having been retained by the suitor, yet if the fact be otherwise, the fcourt will, upon proof to that effect, set aside the judgment.” This is the general rule now recognized by the English courts'and the courts of the majority of the American States. In Turner v. Jordan, 67 Ga. 604 (2), it was ruled that “a judgment against an administrator, who was made a party by consent of counsel who did not represent him (though he had represented the intestate), and without his knowledge, befdre the expiration of the first year of his administration, could be set aside in a court of law with proper pleadings and with all parties in interest as parties to the motion, the motion being made at the first term after notice to the administrator.” In Longman v. Bradford, 108 Ga. 572 (33 S. E. 916), it was ruled that “if an attorney at law, in violation of express instructions, causes his client to be made a party to pending litigation, the latter is not bound by any judgment therein rendered, but may repudiate the same, and, if he is the only person sought to be charged thereby, may by appropriate and timely proceedings have such judgment set aside.” Jn the course of the decision the following extract from 2 Enc. PI. & Pr. 690, is quoted. “The clear weight of authority, and the true rule of law on principle, is that a domestic judgment rendered against a person without any service of summons upon him and without any appearance by him, and only upon an appearance made by an unauthorized attarney, which appearance'has never been ratified or confirmed, is absolutely void as to the person for whom the appearance was made.” 2 Black on Judgments, § 903, p. 1081, is also quoted by the court approvingly.
Judgment affirmed.