Barrett v. Asbell
| Decision Date | 09 September 1969 |
| Docket Number | No. 25333,25333 |
| Citation | 169 S.E.2d 779,225 Ga. 521 |
| Parties | Mrs. Shirely BARRETT v. Lenward ASBELL et al. |
| Court | Georgia Supreme Court |
Brackett, Lyle & Arnall, William F. Brackett, David J. Turner, Jr., Atlanta, for appellant.
H. B. Edwards, Jr., H. B. Edwards, III, Valdosta, for appellees.
Syllabus Opinion by the Court
The appeal in this case is from a judgment dismissing a pleading designated as a complaint in equity to set aside an adoption decree filed by the natural mother of the adopted children. The grounds relied upon in the complaint are the failure to serve the mother and the failure to affirmatively find that the children had been abandoned by the mother. Held:
Under the provisions of Ga.L.1966, p. 609 (Code Ann. § 81A-160), the complaint is in reality a motion to set aside and not a complaint in equity. Accordingly, the Court of Appeals and not this court has jurisdiction of the appeal. Compare O'Leary v. Smith, 225 Ga. 8, 165 S.E.2d 730; Respess v. Lites, 206 Ga. 8, 55 S.E.2d 602.
Transferred to Court of Appeals.
All the Justices concur.
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Matthews Group & Associates, Inc. v. Wages
...Ga. 653, 659(5), 1 S.E.2d 734 (1939). Accordingly, this case was initially transferred to the Supreme Court. Compare Barrett v. Asbell, 225 Ga. 521, 169 S.E.2d 779 (1969). However, the case has now been remanded to us, based undoubtedly upon appellants' post-transfer assertion in the Suprem......
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Northern Freight Lines, Inc. v. Fireman's Fund Ins. Companies, 45094
...Kitchens v. Clay, 224 Ga. 325, 327, 161 S.E.2d 828; Code § 37-101; Code Ann. § 81A-182 (Ga.L.1966, pp. 609, 670). Cf. Barrett v. Asbell, 225 Ga. 521, 169 S.E.2d 779. There is authority for the proposition that a court in a proper independent proceeding with the necessary process, might exer......
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Barrett v. Asbell
...perfected upon the mother by publication. 'The complaint is * * * a motion to set aside and not a complaint in equity.' Barrett v. Asbell, 225 Ga. 521, 169 S.E.2d 779. The judgment may be set aside only for a defect appearing 'on the face of the record' and 'it is not sufficient that the co......
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