Blumberg Bros. v. Odum

1. Where a petition upon which the defendant has, before filing, acknowledged service and waived filing and process, is filed after the convening of the court to which it is returnable, and a judgment thereon rendered at that term of court, the judgment is void as to third persons. Civil Code (1910), § 5603; American Grocery Co. v. Kennedy, 100 Ga. 462 (28 S. E. 241); Ainsworth v. Mobile Fruit &c. Co., 102 Ga. 123 (29 S. E. 142); Smith v. First National Bank of Waycross, 143 Ga. 543 (85 S. E. 696). The' ruling here made and the eases cited are distinguishable from Burgin Glass Co. v.…