Summerour v. Summerour

Full title: SUMMEROUR et al. v. SUMMEROUR et al

Court: Supreme Court of Georgia

Date published: Jan 22, 1962

123 S.E.2d 753 (Ga. 1962)

123 S.E.2d 753

Opinion

21498.

ARGUED JANUARY 9, 1962.

DECIDED JANUARY 22, 1962.

Cancellation. Dawson Superior Court. Before Judge Kelley.

Ivylyn O. Askew, J. Robert Cooper, for plaintiffs in error.

Smith, Oliver, Johnson Bostick, Brannon Brannon, Howard T. Overby, contra.

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 as 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 S.E.2d 370); Bivins v. Fleischer, 214 Ga. 380 ( 105 S.E.2d 12). The judgment of dismissal was the only judgment that could be lawfully entered, and it was not erroneous for any reason assigned.

Judgment affirmed. All the Justices concur.

ARGUED JANUARY 9, 1962 — DECIDED JANUARY 22, 1962.