Ryner v. Duke

Duckworth, Chief Justice.

(After stating the foregoing facts.) A judgment may be arrested only for defects not amendable, appearing on the face of the record. Code, § 110-702. If a judgment can be arrested it is always void. Chapman v. Taliaferro, 1 Ga. App. 235, 238 (58 S. E. 128). Our former decision (Ryner v. Duke, 205 Ga. 280), shows that the trial court was deprived of jurisdiction after the verdict of the jury had conclusively eliminated both of the resident defendants. Since neither of those defendants nor the petitioner has excepted to that verdict, it has become the law of the case,…