182 Ga. 495 | Ga. | 1936
This suit was brought by a minor daughter, by her mother as next friend, against the minor’s father for maintenance, support, and education. In the petition it is alleged that plaintiff’s parents are divorced; that in the divorce suit, which was brought by the father against the plaiiitiff’s mother, the father alleged that he had been and was paying twenty-five dollars a week for the maintenance, education, and support of this plaintiff,
In the divorce suit the father alleged that he was paying twenty-five dollars a week for the education, maintenance, and support of the minor daughter. It is provided in the Code of 1933 that the judge in suits for divorce may decree a sum sufficient for the support of the family of a husband, dependent upon him, and who have a legal claim upon his support, as well as for the support of his wife, etc. § 30-206. Also, that the jury on final verdict for divorce shall provide a sufficient sum for the maintenance of the children, and the husband shall not be liable to third persons for necessaries furnished the children embraced in the verdict. § 30-207. There is no provision at law for bringing a suit’like the present; for in its very essence it is in the nature of
By amendment to the petition the verdicts and decree rendered in the suit by the husband for a divorce from his wife were attacked as void, “for the reason that the said verdicts and decree were illegally obtained, in that the plaintiff and the defendant in that case entered into a collusion to obtain a divorce and agreed to obtain a divorce, which conduct on their part was illegal and contrary to the laws of the State of Georgia, and rendered the said divorce verdicts and decree void.” The divorce verdicts and decree were further attacked as void for the reason that they were obtained by fraud, “in that this plaintiff was informed by the defendant in this suit, . . and by his attorney, that he was making provision for the support of this plaintiff by him, and that it was not necessary for this plaintiff to be represented in said proceeding, because the attorney for the defendant herein . . would look after the interests of this plaintiff in said suit and see that she was protected, and further stated that he would see that the necessary orders were taken in said case to protect this plaintiff,” which promises were relied upon by the plaintiff. It will be seen that this is a collateral attack upon a judgment rendered in another case in which the plaintiff, the minor, had no interest; and further, one of the parties in the divorce proceeding, the mother, is not a party to this suit, save as next friend for the minor. The court did not err in sustaining the demurrer.
Judgment affirmed.