Legal Opinion · Concurrence

Green v. Beaumont

Supreme Court of Georgia

Decided November 20, 1934No. 10230Published

1ConcurrenceGilbert, J.

My concurrence in the judgment is based upon reasons different from those contained in the majority opinion. Treating as alimony the amount claimed by the plaintiff in fi. fa., the judgment of the city court of Atlanta is absolutely void, because that court has no jurisdiction in a suit for alimony. Tyson v. Tyson, 176 Ga. 137 (167 S. E. 172). “The judgment of a court having no jurisdiction of the person and subject-matter, or void for any other cause, is a mere nullity, and may be so held in any court when it becomes material to the interests of the parties to consider it.” Civil Code…

2Cases cited2 opinions

  1. Dunbar v. DunbarSupreme Court of the United States · 1903
  2. Tyson v. TysonSupreme Court of Georgia · 1932

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