Doyal v. Tommey

(After stating the foregoing facts.) The Civil Code of 1910, § 5965, provides that “The judgment of a court of competent jurisdiction may be set aside by a decree in chancery, for fraud, accident, or mistake, or the acts of the adverse party unmixed with the negligence or fault of the complainant.” And see Dodge v. Williams, 107 Ga. 410 (33 S. E. 468); Wright v. Martin, 153 Ga. 32 (111 S. E. 190). It appears from the record in this case that the defendant had filed an answer to the action brought against him, which he was prevented from prosecuting, without fault on his part, by the…