Beacham v. Beacham

Hewlett, Justice.

1. Where an equitable petition seeking to have a judgment declared void and canceled is brought in the county where the judgment was rendered, against a defendant who resides in that county, and a defendant who resides in a different county, the jurisdiction of the court of the defendant residing in another county can be raised only by him, either by plea, demurrer, or motion, and can not be urged by a defendant residing in the county in which the suit is instituted. Rice v. Tarver, 4 Ga. 571, 592; Roberts v. Burnett, 164 Ga. 64 (5) (137 S. E. 773). The instant case differs…