Holloway v. Frey
Court of Appeals of Georgia
1Opinion of the Court
Deen, Judge.
1. "The judgment of a court having no jurisdiction of the person... is a mere nullity, and may be so held in any court *225when it becomes material to the interest of the parties to consider it.” Code § 110-709. "To bind a party by a judgment, it must appear that he has been served with process directed to him or else that he has, by some express or implied waiver, dispensed with the necessity for process.” Frank Adam Electric Co. v. Witman, 16 Ga. App. 574 (2) (85 SE 819). "A judgment against a party where there has been no valid service upon him, and no waiver of service, is void.”…
Also in this document: Concurrence.
2Cases cited7 opinions
- DeJarnette Supply Co. v. F. P. Plaza, Inc.Supreme Court of Georgia · 1972
- Foster v. FosterSupreme Court of Georgia · 1951
- Aiken v. BynumCourt of Appeals of Georgia · 1973
- Frank Adam Electric Co. v. WitmanCourt of Appeals of Georgia · 1915
- Wells v. StynchcombeSupreme Court of Georgia · 1973
2 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- State v. JohnstonSupreme Court of Georgia · 1982
- Gully v. GloverCourt of Appeals of Georgia · 1989
- Frost v. FrostSupreme Court of Georgia · 1975
- Sunn v. Mercury MarineCourt of Appeals of Georgia · 1983
- Herringdine v. Nalley Equipment Leasing Ltd.Court of Appeals of Georgia · 1999
38 more not listed; retrieve them via the Exa API.