Johnson v. Johnson
Decision Date | 16 September 1939 |
Docket Number | 12965. |
Citation | 4 S.E.2d 807,188 Ga. 800 |
Parties | JOHNSON v. JOHNSON. |
Court | Georgia Supreme Court |
Syllabus by the Court.
The petition of a husband to set aside verdicts and a decree of divorce in favor of his wife, on the alleged ground that he resided in a county of this State other than that in which the divorce suit was filed, did not show any valid reason for grant of the relief sought, and was properly dismissed on general demurrer.
Carlisle Cobb, of Athens, for plaintiff in error.
Frank A. Doughman, of Atlanta, for defendant in error.
In a suit for divorce instituted in Fulton County, the husband filed an answer and a plea to the jurisdiction, presenting in each the contention that he was not a resident of that county, but resided in Clarke County, at the time the suit was filed. After verdicts in favor of the plaintiff, a decree granting a total divorce was entered. Subsequently the husband filed a petition to set aside both verdicts and the decree, on the ground that the court did not have jurisdiction to grant the divorce, alleging the same facts which he had averred in his answer and special plea. He had not appeared in person to defend the action, and as to his failure to appear, his petition to set aside the verdicts and judgment, in which he referred to himself as plaintiff alleged the following: The court dismissed the petition on general demurrer, and the petitioner excepted.
While it is true that when both the parties in a divorce suit were residents of this State, a judgment granting a divorce is invalid unless the suit was brought in the county in which the defendant resided (Watts v. Watts, 130 Ga. 683 61 S.E. 593; Jones v. Jones, 181 Ga. 747, 184 S.E. 271), this does not mean that the question of venue can be made the subject of continued litigation, once it has been determined in a proper manner. 'A judgment shall be admissible between any parties to show the fact of the rendition thereof; between parties and privies it is conclusive as to the matter directly in issue, until reversed or set aside.' Code, § 38-623. '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.' § 110-501. These...
To continue reading
Request your trial-
Phillips v. Phillips
...are variously called 'estoppel', 'unclean hands' or 'res judicata', depending upon the particular facts presented. In Johnson v. Johnson, 188 Ga. 800, 4 S.E.2d 807, a party who had not admitted the appropriateness of the jurisdiction in the initial proceeding, but had contested it, was not ......
-
Waldor v. Waldor
...acknowledged service of the petition and recognized the jurisdiction of the court. In the other cases relied upon, Johnson v. Johnson, 188 Ga. 800, 4 S.E.2d 807, Davis v. Davis, 191 Ga. 333, 11 S.E.2d 884, Crenshaw v. Crenshaw, 198 Ga. 536, 32 S.E.2d 177, and Fender v. Crosby, 209 Ga. 896, ......
-
Haygood v. Haygood
... ... waive the jurisdiction thereof. Nor is the present ruling ... opposed to the decision in Johnson v. Johnson, 188 ... Ga. 800, 4 S.E.2d 807, ... [9 S.E.2d 840] ... where the question of jurisdiction was actually litigated in ... the divorce ... ...
-
Phillips v. Phillips
...of innocent parties, McConnell v. McConnell, 135 Ga. 828, 70 S.E. 647; Fuller v. Curry, 162 Ga. 293, 133 S.E. 244; Johnson v. Johnson, 188 Ga. 800, 4 S.E.2d 807; Davis v. Davis, 191 Ga. 333, 11 S.E.2d 884; Crenshaw v. Crenshaw, 198 Ga. 536, 32 S.E.2d 177; Fender v. Crosby, 209 Ga. 896, 76 S......