122 Ga. 640 | Ga. | 1905
(After stating the foregoing facts.) The judgments of every court of record may for good 'cause be opened, vacated, or amended during the term. It may be that the ground of the attack on the judgment is such that tb.e complaining party can obtain relief only in a court of equity. Or, it may be that relief may be had at law and in the court which rendered the original judgment. And while the remedy by motion is limited, by the Civil Code, § 5362, to cases where the defect appears on the face of the record, the court is not deprived of the jurisdiction to grant relief against judgments irregularly or improperly obtained. If the irregularities are of a nature which could have been taken advantage of by motion at common law (Fannin v. Durdin, 54 Ga. 479), the same relief can now be obtained in this State by petition, to which all necessary parties,have been made, and where either a rule to show cause or regular process has been attached and duly served. Turner v. Jordan, 67 Ga. 604; Dugan v. McGlann, 60 Ga. 353; Regopoulas v. State, 116 Ga. 597.
Judgment reversed.