Legal Opinion
Troup County Board of Commissioners v. PUBLIC FINANCE CORPORATION
Court of Appeals of Georgia
Decided April 7, 1964No. 40584PublishedCited by 5 opinions
1Opinion of the Court
Eberhardt, Judge.
1. Where a county is the garnishee under Code Ann. Ch. 46-8, a valid judgment cannot be entered against the governmental unit without its consent as - specifically provided for in Code Ann. § 46-805. Redwine v. Morgan, 88 Ga. App. 625 (77 SE2d 330). Hence any judgment entered without consent is void.
“ ‘A “void” judgment is in reality no judgment at all. It is a mere nullity. It is attended by none of the consequences of a valid adjudication, nor is it entitled to the respect accorded to one. It can neither affect, impair, nor create rights. As to the person against whom it…
2Cases cited3 opinions
- Adams v. PayneSupreme Court of Georgia · 1964
- Redwine v. MorganCourt of Appeals of Georgia · 1953
- Owens v. CocroftCourt of Appeals of Georgia · 1914
3Cited by5 opinions
- Georgia Ports Authority v. HutchinsonCourt of Appeals of Georgia · 1993
- Buckhorn Ventures, LLC v. Forsyth CountyCourt of Appeals of Georgia · 2003
- Abrahamsen v. McDONALD'S CORPORATIONCourt of Appeals of Georgia · 1990
- Seaboard Finance Co. v. City of DecaturCourt of Appeals of Georgia · 1969
- Georgia Ports Authority v. HutchinsonCourt of Appeals of Georgia · 1993