147 Ga. 93 | Ga. | 1917
(After stating the foregoing facts.) When the case was dismissed by Berry, trustee, as having been settled, and an entry of the order of settlement was made on the records of the court, that was an end of that litigation. Only a party to that litigation could lawfully move to set it aside, by a supplementary motion made in that case, as only a party may move for a new trial or for a rehearing. DuPree v. Drake, 94 Ga. 456 (19 S. E. 242). When Wood succeeded Berry as trustee, it was competent for him to file an independent proceeding to set aside the judgment ren
Having reached the conclusion that the judgment of Judge Mathews was erroneous, the subsequent trial before Judge Searcy on the merits of the case could not affect the parties’ rights under the former judgments. Accordingly, as the controlling question is presented by the cross-bill of exceptions, and as the judgment therein complained of is reversed, the main bill of exceptions will be
Dismissed.