Adams v. Payne, 22294
Decision Date | 06 February 1964 |
Docket Number | No. 22294,22294 |
Citation | 219 Ga. 638,135 S.E.2d 423 |
Parties | Naomi Ruth ADAMS et al. v. Jewel PAYNE et al. |
Court | Georgia Supreme Court |
Syllabus by the Court
Under an Act approved March 5, 1962, a superior court judge can in writing call on a superior court judge emeritus of his circuit or an adjoining circuit to serve and preside in any county of his circuit, but such request or order must specify the time place and duration of such service and be filed in the office of the clerk of the superior court of the county in which such service is to be performed. Compliance with the mandatory provisions of that Act is an indispensable prerequisite to clothe a superior court judge emeritus with power to render temporary service when such service is requested by a superior court judge.
Wiggins & Smith, M. T. Simmons, Jr., Atlanta, for plaintiffs in error.
Dennis, Bowden & Barton, Atlanta, for defendants in error.
Art. VI, Sec. XIII, Par. I of the Constitution of 1945 was amended in 1958 so as to make superior court judges emeritus eligible to serve and preside in the superior courts of this State. Code Ann. § 2-4802. The amendment, however, provides that the General Assembly shall prescribe the method or manner in which they may be called on for temporary service. Ga.L.1958, p. 491. Pursuant to the power conferred by this amendment, the legislature passed an act in 1962 (Ga.L.1962, p. 547), Code § 24-2621a et seq. which authorizes any superior court judge of this State to request in writing a superior court judge emeritus of his circuit, or any adjoining circuit, to serve and preside in the superior court of any county of his circuit. The act further provides that such superior court judge in making such request shall specify the time, place and duration of the requested service and shall file a copy of the request or order in the office of the clerk of the superior court of the county in which such service is to be performed. The case sub judice was brought in the Superior Court of Clayton County. It is a proceeding in the nature of a habeas corpus. The petition for the writ was presented to Hon. William H. Reynolds, Judge Emeritus of the Clayton Judicial Circuit, on August 22, 1963. He issued the writ, heard the case and rendered a judgment awarding custody of the minor involved to the applicants. The respondents excepted and in their bill of exceptions alleged that the judgment rendered by Emeritus Judge Reynolds is void and of no legal effect because Judge Banke, the regular and only superior court judge of the Clayton Judicial Circuit, had not by written order requested him to preside and serve in his judicial circuit as a superior court judge emeritus as required by the Act of 1962. After the bill of exceptions was presented to Emeritus Judge Banke, as and on October 9, 1963, Judge Banke, as the record shows, signed an order nunc pro tunc effective as of July 30, 1963, requesting Emeritus Judge Reynolds to preside and serve in Clayton Superior Court from August 1, 1963, to September 3, 1963, 'and to conclude such matters after the aforesaid dates initiated during the period aforesaid' and filed such order in the office of the Clerk of the Superior Court of Clayton County on October 10, 1963. The record in this case does not show or tend to show that respondents knew that Judge Banke had not requested Emeritus Judge Reynolds to render temporary service in his court prior to the time he heard and determined this proceeding.
A judgment which is void for any cause is a mere nullity, and may be so held in any court when it becomes material to the interest of the parties to consider it. Code § 110-709; Hart v. Manson, 119 Ga. 865, 47 S.E. 345. 1 Black on Judgments 248, § 170. When this court discovers...
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Baxter v. Long
...it cannot supply a failure to make the application within the time required by the statute. This is made very clear in Adams v. Payne, 219 Ga. 638, 135 S.E.2d 423, where Emeritus Judge Reynolds presided in the trial of a case when no request or order calling on him for the temporary service......
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Buckhorn Ventures, LLC v. Forsyth County, A03A0152.
...it."9 Our appellate courts have utilized OCGA § 9-12-16 to find judgments void for causes other than the lack of jurisdiction. In Adams v. Payne,10 our Supreme Court utilized OCGA § 9-12-16's predecessor statute (Code § 110-709) to reverse a judgment as void because the judge who entered it......
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Spurlin v. State
...and limits the power of superior court judges to request temporary service only of superior court judges emeritus. See Adams v. Payne, 219 Ga. 638, 135 S.E.2d 423. On February 23, 1965, Chief Judge Virlyn B. Moore, one of the superior court judges of the Atlanta Judicial Circuit, requested ......
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Industrial Commission v. Parise
...this court to set aside a void judgment. State ex rel. Morrison v. Superior Court, 82 Ariz. 237, 311 P.2d 835 (1957); Adams v. Payne, 219 Ga. 638, 135 S.E.2d 423 (1964). A.R.S. § 23--946, subsec. A, pursuant to which this action was commenced, 'Any person in interest dissatisfied with an or......