Summerour v. Summerour

Duckworth, Chief Justice.

The exception is to a judgment dismissing a motion by parties not parties to the original action to set aside a judgment therein, and also to set aside a judgment of the court of ordinary appointing the defendant therein *562as administrator. The motion by these movants, who' were not parties to the judgment, must fail, and since there was no prayer for process, it is not maintainable as a suit in equity to set aside the two judgments therein attacked. Ingram & LeGrand Lumber Co. v. Burgin Lumber Co., 191 Ga. 584 (13 SE2d 370); Bivins v. Fleischer, 214 Ga. 380 (105 SE2d…