Greene v. Greene

If the judgment was void the illegality should have been sustained. Harrell v. Davis Wagon Co., 140 Ga. 127 (78 S. E. 713). A judgment which is void for any reason, “is a mere nullity, and may be so held in any court when it becomes material to the interest of the parties to consider it.” Code, § 110-709; Jowers & Son v. Kirkpatrick Hardware Co., 21 Ga. App. 751 (1) (94 S. E. 1044). The suit was on an account or for an accounting, and was not for liquidated damages. Under the old law, before the new rules were adopted, a plaintiff could take a verdict without a jury trial in all cases in…