60 Ga. 353 | Ga. | 1878
It appears from the record and bill of exceptions in this case, that on the 13th of September, 1876, an issue was formed and tried in Webster superior court, between certain judgment creditors of S. M. Grubbs, as to who was entitled to the money in the sheriff’s hands arising from the sale of his property. McGlann claimed the money as having the oldest judgment against Grubbs, obtained in the county of Chattahoochee. The junior judgment creditors of Grubbs attacked McGlann’s judgment on the ground that Grubbs had not been served with process as required by
Unless it appears on the face of the judgment that it is void, or that the pleadings are so defective that no legal judgment could have been rendered in the case, a judgment cannot, as a general rule, be set aside on motion. There is nothing apparent on the face of the judgment rendered by the court, on the 19th of March, 1877, nor in the pleadings, going to show that judgment to be void. The judgment of a court of competent jurisdiction, may be set aside for fraud, accident, or mistake, unmixed with the negligence or fault of the complaining party, by a decree in chancery, or in a court of law under our practice, by appropriate pleadings, and by making the necessary parties to the proceeding for that purpose — but cannot be set aside
Let the judgment of the court below be reversed.