113 Ga. 869 | Ga. | 1901
It was further contended that, before the action for false imprisonment could be maintained, Berger should have procured the judgment of a court of competent jurisdiction setting aside the judgment of the magistrate in the bail-trover proceeding. This probably would have been true had the magistrate’s judgment been merely voidable for some irregularity (12 Am. & Eng. Ene. L. (2d ed.) 753); but a judgment absolutely void can be attacked in any proceeding and by anybody with whose interests it conflicts. Civil Code, § 5373. The court erred in granting a nonsuit.
Judgment reversed.