Jones v. Smith
Supreme Court of Georgia
Injunction. Before Judge Spence. Decatur superior court. May 10, 1904. Smith and others brought a petition to restrain the prosecution of a suit for the recovery of certain land by E. C. and H. C. Jones as administrators of the estate of G. B. Lamar, alleging that the judgment of the court of ordinary of Chatham county, appointing F. 0. and H. C. Jones as administrators, was void, because they, the decedent, aud the surety on the administrators’ bond (the American Surety…
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Injunction. Before Judge Spence. Decatur superior court. May 10, 1904. Smith and others brought a petition to restrain the prosecution of a suit for the recovery of certain land by E. C. and H. C. Jones as administrators of the estate of G. B. Lamar, alleging that the judgment of the court of ordinary of Chatham county, appointing F. 0. and H. C. Jones as administrators, was void, because they, the decedent, aud the surety on the administrators’ bond (the American Surety Company) were residents of the State of New York; that this appeared in the petition for appointment and in the judgment…
1Opinion of the CourtCobb, J.
The court of ordinary is a court of general jurisdiction, and it is not essential that all the facts necessary to give jurisdiction shall appear upon the face of the record. Where the record is silent, the presumption is that all necessary jurisdictional facts appeared, and no collateral attack can be made upon the judgment. Maybin v. Knighton, 67 Ga. 103 ; Stuckey v. Watkins, 112 Ga. 268. On the other hand, where the want of jurisdiction appears upon the face of the record, the judgment, although by a court of general jurisdiction, is void, and is subject to attack at any time by any one…
2Cases cited10 opinions
- Stuckey v. WatkinsSupreme Court of Georgia · 1900
- Head v. BridgesSupreme Court of Georgia · 1881
- Merchants' etc. Bank v. HaimanSupreme Court of Georgia · 1888
- Maybin v. KnightonSupreme Court of Georgia · 1881
- Suwannee Turpentine Co. v. Baxter & Co.Supreme Court of Georgia · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Owenby v. StancilSupreme Court of Georgia · 1940
- Neal v. BoykinSupreme Court of Georgia · 1907
- Georgia Railroad & Banking Co. v. RedwineSupreme Court of Georgia · 1951
- Wash v. DicksonSupreme Court of Georgia · 1918
- Davis v. AlbrittonSupreme Court of Georgia · 1907
53 more not listed; retrieve them via the Exa API.