Byrd v. Riggs

Duckworth, Chief Justice.

1. Courts of law have jurisdiction to set aside their own. judgments upon petition with rule nisi or process attached and filed after the term at which the judgment was rendered upon the ground that such judgment was procured by fraud or other irregularity that renders it voidable. Union Compress Co. v. A. Leffler & Sons, 122 Ga. 640 (50 S. E. 483); Davis v. Albritton, 127 Ga. 517 (56 S. E. 514, 8 L. R. A. (NS) 820, 119 Am. St. R. 352); Methodist Episcopal Church, South v. Decell, 187 Ga. 526 (1 S. E. 2d 432).

2. The foregoing rule does not apply in cases where, as…