Beavers v. Cassells

• Decision Date: 12 April 1938
• Docket Number: 12322.
• Citation: 196 S.E. 716,186 Ga. 98
• Parties: BEAVERS v. CASSELLS.
• Court: Georgia Supreme Court

196 S.E. 716

186 Ga. 98

BEAVERS v. CASSELLS.

No. 12322.

Supreme Court of Georgia

April 12, 1938

Error from Superior Court, Sumter County; W. M. Harper, Judge.

Petition by F. G. Beavers against G. T. Cassells to enjoin defendant from selling or encumbering land on which an execution had been levied and to set aside a judgment sustaining illegality of the execution and quashing the execution. To review a judgment dismissing the petition on general demurrer, plaintiff brings error.

Affirmed.

R. L. Maynard and R. L. Le Sueur, both of Americus, for plaintiff in error.

E. L. Forrester, of Leesburg, for defendant in error.

Syllabus OPINION.

RUSSELL, Chief Justice.

1. 'Equity will not intervene to set aside a judgment of a court of competent jurisdiction, which might have been prevented except for the negligence of the complaining party. Beddingfield v. Old National Bank & Trust Co., 175 Ga. 172(2), 165 S.E. 61.' Rawleigh Co. v. Seagraves, 178 Ga. 459, 173 S.E. 167.

2. The allegation that the judgment the plaintiff sought to set aside was obtained by false testimony was without force, since it was not alleged that the witness giving such false testimony had been found guilty of perjury or false swearing. Foster v. Cotton States Electric Co., 172 Ga. 231(2), 157 S.E. 636.

3. The court did not err in dismissing the petition on general demurrer.

Judgment affirmed. All the Justices concur.