Hart v. Lazaron
Supreme Court of Georgia
Jurisdiction. Remedy at law. Injunction. Before Judge Clark. Sumter Superior Court. April Term, 1872. Morris Lazaron filed his bill against B. J. Hart, Receiver of Harrison Halier & Company, containing, substantially, the following allegations: That on the ...... day of ...... 18..., complainant filed his petition in bankruptcy; that, pending said proceedings in bankruptcy, defendant, a creditor of complainant, instituted suit in the Superior Court of Sumter county on a…
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Jurisdiction. Remedy at law. Injunction. Before Judge Clark. Sumter Superior Court. April Term, 1872. Morris Lazaron filed his bill against B. J. Hart, Receiver of Harrison Halier & Company, containing, substantially, the following allegations: That on the ...... day of ...... 18..., complainant filed his petition in bankruptcy; that, pending said proceedings in bankruptcy, defendant, a creditor of complainant, instituted suit in the Superior Court of Sumter county on a claim made before June 1st, 1865, attaching no tax affidavit, as required by law; that the claim sued on was provable in…
1Opinion of the Court
McCay, Judge.
We see no reason for equitable interference, according to the statements of the bill. The jurisdiction of a Court over the subject matter or the person may always be attacked, unless the defendant has appeared and, by pleading to the merits, waived it. If the defendant was not served and did not appear, he may take advantage of it by illegality, according to the very terms of the Code: Section 3621. And, generally, any Court, where there has been no waiver by a plea to the merits, will set aside a judgment which it had no jurisdiction to grant. (See Code, section 3537.) Our…
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