Legal Opinion

Dixon, Mitchell & Co. v. Baxter & Co.

Supreme Court of Georgia

Decided December 14, 1898PublishedCited by 19 opinions

Equitable petition. Before Judge Hansell. Echols superior court. March 8, 1898.

1Opinion of the CourtLumpkin, P. J.

“A judgment that is void may be attacked in any court, and by anybody. In all other cases, judgments can not be impeached collaterally, but must be set aside by the court rendering them.” Civil Code, § 5373. “The judgment of a court of competent jurisdiction can not be collaterally attacked in any other court for irregularity, but shall be taken and held as a valid judgment until it is reversed or set aside.’* Tbid. § 5368. The law laid down in these two sections of our code is controlling in the present case.

Dixon, Mitchell & Co. filed in the superior court of Echols county an equitable…

2Cited by19 opinions

  1. Owenby v. StancilSupreme Court of Georgia · 1940
  2. Hughes v. CobbSupreme Court of Georgia · 1942
  3. Heath v. MillerSupreme Court of Georgia · 1903
  4. Schulze v. SchulzeSupreme Court of Georgia · 1919
  5. Walker v. Equitable Mortgage Co.Supreme Court of Georgia · 1902

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