Roberts v. Roberts

• Decision Date: 18 December 1920
• Docket Number: 1936.
• Citation: 105 S.E. 448,150 Ga. 757
• Parties: ROBERTS v. ROBERTS.
• Court: Georgia Supreme Court

105 S.E. 448

150 Ga. 757

ROBERTS v. ROBERTS.

No. 1936.

Supreme Court of Georgia

December 18, 1920

Error from Superior Court, Chatham County; P. W. Meldrim, Judge.

Suit for divorce by Edward B. Roberts against Moselle Roberts. On motion to set aside decree granting divorce and awarding custody of children to plaintiff. From an order overruling a demurrer to the petition, defendant to petition brings error. Affirmed.

Shelby Myrick, of Savannah, for plaintiff in error.

Hugh M. Gannon and Lee Cotton, both of Savannah, for defendant in error.

HILL, J.

1. "A judgment founded on a verdict obtained by fraud practiced on the defendant and the court may be set aside, and the original case reinstated, in a court of law, with proper pleadings, and with all the parties at interest as parties to the motion; the motion being made at the term of the court at which the verdict and judgment were entered, and the movant showing that he was not in laches, had a meritorious defense, and announcing ready for an instant trial." Ford v. Clark, 129 Ga. 292, 58 S.E. 818. See, also, Boyd v. Boyd, 135 Ga. 186, 68 S.E. 1095; Albright v. American Central Ins. Co., 147 Ga. 493, 94 S.E. 561.

2. The motion to set aside the verdict and judgment in this case met the requirements of the foregoing rule, and the judge did not err in overruling the demurrer to the petition.

Judgment affirmed.

All the Justices concur.