Medlin & Sundy v. Downing Lumber Co.
Supreme Court of Georgia
Injunction. Before Judge Parker. Charlton superior coiirt. January 8, 1907. The Downing Lumber Company, alleging itself to be the owner of two described lots of land, brought its action against Medlin & Sundy, to enjoin an alleged trespass, and to recover damages therefor.
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Injunction. Before Judge Parker. Charlton superior coiirt. January 8, 1907. The Downing Lumber Company, alleging itself to be the owner of two described lots of land, brought its action against Medlin & Sundy, to enjoin an alleged trespass, and to recover damages therefor. At the interlocutory hearing it was agreed between counsel for the parties, for the purpose of that hearing, that the two lots of land were granted by the State respectively to Zachariah Melton on September 1,1810, and to David Eogers on September 25, 1805 ; and that Melton died about the year 1870, and Eogers in 1838. On…
1Opinion of the CourtEvans, J.
(After stating the facts). The court of ordinary is a court of general jurisdiction, and unless want of jurisdiction appears on the face of the record, its judgment can not be collaterally attacked. Jones v. Smith, 120 Ga. 642. But where the want of jurisdiction appears on the face of the record, its judgment, like that of any other court of general jurisdiction, is void, and subject to attack at any time-by any one whose rights are sought to be affected thereby. Fussell v. Dennard, 118 Ga. 270. The contention of the plaintiff in error is that the application for administration, in each case,…
2Cases cited4 opinions
- Jones v. SmithSupreme Court of Georgia · 1904
- Stuckey v. WatkinsSupreme Court of Georgia · 1900
- Fussell v. DennardSupreme Court of Georgia · 1903
- Towner v. GriffinSupreme Court of Georgia · 1902
3Cited by20 opinions
- Owenby v. StancilSupreme Court of Georgia · 1940
- Harris v. McDonaldSupreme Court of Georgia · 1921
- Wash v. DicksonSupreme Court of Georgia · 1918
- Walden v. MahnksSupreme Court of Georgia · 1934
- Alabama Great Southern Railroad v. HillSupreme Court of Georgia · 1913
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