Bennett v. Bennett, 18574
| Decision Date | 14 June 1954 |
| Docket Number | No. 18574,18574 |
| Citation | 210 Ga. 721,82 S.E.2d 653 |
| Parties | BENNETT et al. v. BENNETT et al. |
| Court | Georgia Supreme Court |
Herbert W. Wilson, Leon A. Wilson, II, Wilson & Wilson, Waycross, for plaintiffs in error.
Blalock & Blalock, Waycross, for defendants in error.
Syllabus Opinion by the Court.
1. 'A judgment of a court of competent jurisdiction shall be conclusive between the same parties and their privies as to all matters put in issue, or which under the rules of law might have been put in issue in the cause wherein the judgment was rendered, until such judgment shall be reversed or set aside.' Code, § 110-501.
2. Where, as here, the widow, as administratrix of the estate of her deceased husband and as guardian of their minor child, applies for and obtains leave of the superior court to sell the interest of the deceased husband and father in a partnership at a price and upon terms alleged by her in that proceeding to be fair and equitable, and where in that proceeding a guardian ad litem is appointed to represent the interests of the minor ward, and he recommends such sale, the movant in such proceeding who procured such judgment of a court of competent jurisdiction, which is regular on its face, will not thereafter be permitted to attack the judgment and the sale made pursuant thereto, and to set the same aside, because of alleged fraudulent misrepresentations as to the value of such interests in the partnership, made to her prior to the institution by her of such proceeding by the surviving partners of her deceased husband, and because the price received therefor was grossly inadequate. This is true for the reason that one cannot complain of a judgment, order, or ruling that his own procedure or conduct procured or aided in causing. Wallis v. Watson, 184 Ga. 38, 190 S.E. 360. No one can complain of a judgment which he or she invokes. Don v. Don, 162 Ga. 240, 242, 133 S.E. 242. See also Luther v. Clay 100 Ga. 236(1), 28 S.E. 46, 39 L.R.A. 95; American Grocery Co. v. Kennedy, 100 Ga. 462, 28 S.E. 241; Ellis v. Ellis, 161 Ga. 360, 365, 130 S.E. 681; Harper v. Lindsey, 162 Ga. 44, 49, 132 S.E. 639; Fender v. Crosby, 209 Ga. 896, 76 S.E.2d 769; Merritt Merritt, 210 Ga. 39, 77 S.E.2d 438.
(a) The decisions of this court in Robinson v. Smith, 159 Ga. 269, 125 S.E. 593, and Evans v. Farkas, 163 Ga. 433, 136 S.E. 279, relied on by counsel for the plaintiff, do not require a different ruling from that here made, because in ...
To continue reading
Request your trial
-
Cauley v. State, s. 48422
...Amendment rights and thus invoked the ruling, it would appear that he is in no position to complain of the ruling made. Bennett v. Bennett, 210 Ga. 721(2), 82 S.E.2d 653; Turner v. McGee, 217 Ga. 769, 772(1), 125 S.E.2d 36. (f) Error is enumerated on failure of the court to require the Dist......
-
Turner v. McGee
...'One cannot complain of a judgment, order, or ruling that his own procedure or conduct procured or aided in causing.' Bennett v. Bennett, 210 Ga. 721 82 S.E.2d 653. The case of Stephenson v. Futch, 213 Ga. 247, 98 S.E.2d 374, and similar cases, where separate judgments were rendered, have n......
-
Musgrove v. Musgrove
...erred in overruling the general demurrer thereto, and this error rendered nugatory the verdict in favor of the plaintiff. Bannett v. Bennet, 210 Ga. 721, 82 S.E.2d 653. Judgment reversed. All the Justices concur, except WYATT, P. J., who ...
-
Brawner v. State
...that fact?' A. 'Yes, sir * * *' No merit appears in this ground. Coleman v. State, 141 Ga. 737(4), 82 S.E. 227; Bennett v. Bennett, 210 Ga. 721(2), 82 S.E.2d 653; Weaver v. State, 68 Ga.App. 51, 21 S.E.2d 5. Ground 5 takes exception to the following charge: 'If you find the defendant guilty......