Legal Opinion

Gray v. Riley

Court of Appeals of Georgia

Decided August 16, 1933No. 22890Published

1Opinion of the CourtJenkins, P. J.

1. “A judgment of a court of competent jurisdiction can not be collaterally attacked in any other court for irregularity, but shall be taken and held a valid judgment until it is reversed or set aside.” Civil Code (1910), § 5963. “A mere ir-' regularity is amendable; under our law is cured by a judgment; and anything which, if objected to, could have been amended does not render the judgment void.” Chapman v. Taliaferro, 1 Ga. App. 235 (58 S. E. 128). But “a judgment that is void may be attacked in any court, and by anybody. In all other cases judgments can not be impeached collaterally, but…

2Cases cited10 opinions

  1. Milner v. GatlinSupreme Court of Georgia · 1912
  2. Franklin County v. CrowSupreme Court of Georgia · 1907
  3. Towns ex rel. Clayton v. SpringerSupreme Court of Georgia · 1850
  4. Chapman v. TaliaferroCourt of Appeals of Georgia · 1907
  5. Denton Bros. v. HannahCourt of Appeals of Georgia · 1913

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