143 Ga. 616 | Ga. | 1915
(After stating the foregoing facts.) The plaintiff excepted to the allowance of the amendment set out in the statement of facts, upon the ground that it was a collateral attack upon the judgment of divorce referred to in the caveat; and we are of the opinion that this objection was a valid one, and that the court erred in overruling it. The judgment and decree of divorce attacked being a judgment of a court of general jurisdiction, every presumption in favor of its validity and regularity should Be in
Having decided that the court erred in allowing the amendment, it is unnecessary to pass upon the questions raised by the grounds of the motion for a new trial. The issues made by the assignments in the motion for a new trial are involved in the ruling made as to the allowance of the amendment. With the amendment stricken from the proceedings, these questions will probably not arise upon the next trial. Judgment reversed.