Lowe v. Equitable Mortgage Co.
Lowe v. Equitable Mortgage Co.
Opinion of the Court
This case turned upon the question whether or not minors could collaterally attack a judgment rendered by a court of competent jurisdiction, in an action brought in their name by one purporting to be their next friend, there being nothing on the face of the record suggesting fraud or the want of good faith, or that the action was instituted by the.plaintiff therein without authority, or with any intention other than a bona fide purpose to protect the interest of the minors. The ruling we have made upon this question is supported by the decisions of this court in the cases of Ross v. Southwestern R. R. Co., 53 Ga. 514, and Watkins v. Lawton, 69 Ga. 671. Both of these cases are cited approvingly in Freeman v. Prendergast, 94 Ga. 385. Of course, if an action ostensibly for the benefit of minors was in fact brought without proper authority, or in fraud of their rights, or if a judgment rendered therein was for any other reason unlawful or improper,
Judgment affirmed.
Reference
- Full Case Name
- LOWE v. EQUITABLE MORTGAGE COMPANY
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- 4 cases
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- Published