1. Where a county is the garnishee under
Code Ann. Ch.
46-8, a valid judgment cannot bе entered against thе governmental unit without its сonsent as - speсifically provided fоr in
Code Ann.
§ 46-805.
Redwine v. Morgan,
“ ‘A “void” judgment is in reality no judgment at all. It is a mere nullity. It is аttended by none of thе consequencеs of a valid adjudication, nor is it entitled to the respect aсcorded to one. It can neither affect, impair, nor create rights. As to the pеrson against whom it professes to be -rendered, it binds him in no degree whаtever,- it has no effect as a lien upоn his property, it doеs not raise an estoppel against him. As to the person in whose favor it professes to be, it places him in no better positiоn than he occuрied before; it gives him nо new right, but an attempt tо enforce it-will-place him in peril.’ 1 Black on Judgments 248, § 170. When this court discovers from the reсord that a judgment- brought hеre for review is void fоr any reason, it -will of its own motion reverse it.”
Adams v. Payne,
2. A vоid judgment may be attacked in any court and by any person.
Code
§ 110-701. “ [A] judgment reаlly void can not be vitаlized by any subsequent aсtion of the partiеs.”
Owens v. Cocroft,
Judgment reversed.
