153 Ga. 32 | Ga. | 1922
(After stating the foregoing facts.) This case does not fall within that class in which it has been held that a motion to set aside a judgment must be based on some defect which appears on the face of the record (see Regopoulas v. State, 116 Ga. 596, 42 S. E. 1014), but it falls within the class of decisions to the effect that the judgment of a court of competent jurisdiction may be set aside by the court which rendered it, for fraud practiced on the defendant and the court. Hnder the act establishing the city court of Eloyd county, that court has authority to grant new trials in all cases, both civil and criminal, tried therein, under the same rules and regulations which govern motions for new trial in the superior courts, so far as applicable. Acts 1882-3 p. 535, sec. 19. In Ford v. Clark, 129 Ga. 292 (58 S. E. 818), it was held: “A judgment founded on a verdict obtained by fraud practiced on the defendant and the court may be set aside, and the original case reinstated, in a court of law, with proper pleadings, and with all the parties at interest as parties to the motion; the motion being made at the term of the court at which the verdict and judgment were entered, and the movant showing that he was not in laches, had a meritorious defense, and announcing ready for an instant trial.” And see Moore v. Moore, 139 Ga. 597 (77 S. E. 820); Albright v. American Central Ins. Co., 147 Ga. 492 (94 S. E. 561); Seagraves v. Powell Co., 143 Ga. 572 (3), 579 (85 S. E. 760). The Civil Code (1910), § 5957, provides that a motion in arrest of judgment must be made during the term at which such judgment was obtained, while a motion to set it aside may be made at any time within the statute of-limitations. The ease of Exchange Bank of Macon v. Elkan, 72 Ga. 197, is cited by the
The contention that a motion to set aside a judgment in a habeas-corpus proceeding will not lie, is without merit.
Judgment affirmed.