Roberts v. Roberts
Supreme Court of Georgia
Divorce, etc. Before Judge Meldrim. Chatham superior court. January 27, 1920. The petition of Moselle Roberts, filed on August 27, 1919, represented: that on June 4, 1919, Edward B. Roberts obtained against her a final verdict and decree of total divorce, in Chatham superior court; that the service of the divorce suit was by publication in a Savannah newspaper; that the defendant therein (petitioner) never received any actual notice of the filing, of the divorce case, or of…
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Divorce, etc. Before Judge Meldrim. Chatham superior court. January 27, 1920. The petition of Moselle Roberts, filed on August 27, 1919, represented: that on June 4, 1919, Edward B. Roberts obtained against her a final verdict and decree of total divorce, in Chatham superior court; that the service of the divorce suit was by publication in a Savannah newspaper; that the defendant therein (petitioner) never received any actual notice of the filing, of the divorce case, or of the verdicts or the decree, until after the decree was issued; that in the libel for divorce it was alleged that Moselle…
1Opinion of the CourtI-Iilb, J.
1. “A judgment founded on a verdict obtained by fraud prac-
ticed 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.” Ford v. Clark, 129 Ga. 292 (58 S. E. 818). See also Boyd v. Boyd, 135 Ga. 186 (68 S. E. 1095) ; Albright v. American Central Ins.…
2Cases cited11 opinions
- Ford v. ClarkSupreme Court of Georgia · 1907
- Ayer v. JamesSupreme Court of Georgia · 1904
- Lyons v. StateCourt of Appeals of Georgia · 1909
- Dugan v. McGlannSupreme Court of Georgia · 1878
- Seagraves v. Powell Co.Supreme Court of Georgia · 1915
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lucas v. LucasSupreme Court of Georgia · 1934
- Hunter v. GillespieSupreme Court of Georgia · 1951
- United States Fidelity & Guaranty Co. v. DunbarCourt of Appeals of Georgia · 1965
- Northern Freight Lines, Inc. v. Fireman's Fund Insurance CompaniesCourt of Appeals of Georgia · 1970
- Hirsch v. CollierCourt of Appeals of Georgia · 1961
8 more not listed; retrieve them via the Exa API.