Central Bank v. Gibson
Supreme Court of Georgia
Motion to set aside a judgment. In Muscogee Superior Court. Decision by Judge Iverson, May Term, 1852. This was amotion to set aside a judgment in favor of Blanche G. Gibson, against the Central Bank, recovered in the Superior-Court of Muscogee County, on the ground that the Court had no jurisdiction ; the bank being located by its charter, in Baldwin County.
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Motion to set aside a judgment. In Muscogee Superior Court. Decision by Judge Iverson, May Term, 1852. This was amotion to set aside a judgment in favor of Blanche G. Gibson, against the Central Bank, recovered in the Superior-Court of Muscogee County, on the ground that the Court had no jurisdiction ; the bank being located by its charter, in Baldwin County. To this motion, Blanche G. Gibson replied, that H. W. Jernigan & Co. had a claim upon the Government of the United States, of which she was half owner; that Jernigan transferred his interest therein to the Central Bank of Georgia; that…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] A judgment rendered by a Court not having jurisdiction of the person and subject matter, is a nullity, and may be impeached whenever and wherever it is sought to be used as a valid judgment. Towns, Governor, vs. Springer et al. 9 Geo. R. 130. 4 Geo. 47.
[2.] This judgment was rendered against the Central Bank by the Superior Court of Muscogee County, and the question is this, to wit: had that Court jurisdiction over the Central Bank in that County ? By the Constitution of the State, all civil cases shall be tried in the County wherein the…
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