Accordingly, the trial court correctly held the appointment of the guardian void in this case. See generally Edwards v. Lampkin, 112 Ga. App. 128 ( 144 S.E.2d 119) (1965), aff'd., 221 Ga. 486 ( 145 S.E.2d 518) (1965). Judgment affirmed. All the Justices concur.
In the absence of compliance with these notice provisions the probate court may lack jurisdiction to consider the petition for appointment of a guardian. Wilson v. James, 260 Ga. 234 ( 392 S.E.2d 5); Edwards v. Lampkin, 112 Ga. App. 128 ( 144 S.E.2d 119), aff'd at 221 Ga. 486 ( 145 S.E.2d 518). Compare Phillips v. Phillips, 202 Ga. 776 ( 44 S.E.2d 767). One adult child of the ward, Marvin Johnson, was omitted from the petition to appoint a guardian because the petitioner did not have an address for him. While appellant maintains that an address for Marvin Johnson could have been acquired by inquiry with a sister-in-law, Beatrice Jones disputed this supposition.
Otherwise, the judgment is void. The record in this case does not affirmatively show that the requirements of the Code section were met. The judgment is therefore void on its face. A void judgment may be attacked in any court and by any person. Code Ann. § 81A-160 (a). Edwards v. Lumpkin, 112 Ga. App. 128 ( 144 S.E.2d 119), affirmed 221 Ga. 486 ( 145 S.E.2d 518)." Hawes v. Bigbie, 120 Ga. App. 294 ( 170 S.E.2d 302).
First, the judgment of a court having no jurisdiction of the person or subject matter is a nullity. See Code § 110-709; Hawes v. Bigbie, 120 Ga. App. 294 ( 170 S.E.2d 302); Undercofler v. Ernhardt, 111 Ga. App. 598 ( 142 S.E.2d 317); Edwards v. Lampkin, 112 Ga. App. 128 ( 144 S.E.2d 119), affirmed in 221 Ga. 486 ( 145 S.E.2d 518). Here the warrant was a nullity and absolutely void for want of jurisdiction.
Compliance with Code Ann. § 3-116 is an absolute condition precedent before a valid judgment may be entered against the State of Georgia or any of its officials acting in their official capacity. Otherwise, the judgment is void. The record in this case does not affirmatively show that the requirements of the Code section were met. The judgment is therefore void on its face. Avoid judgment may be attacked in any court and by any person. Code Ann. § 81A-160 (a). Edwards v. Lampkin, 112 Ga. App. 128 ( 144 S.E.2d 119), affirmed 221 Ga. 486 ( 145 S.E.2d 518). Judgment reversed. Eberhardt and Deen, JJ., concur.