A defendant against whom a judgment was rendered after he had been duly served has, in legal contemplation, “had his day in court, ’ ’ and ‘1 can not go behind the judgment by an affidavit of illegality. ’ ’ If the judgment was rendered in a justice’s court and the defendant was,, by the plaintiff’s fraud unmixed with negligence on the defendant’s part,, deprived of a hearing, atíd after the discovery of the fraud no remedy other than a resort to equity was available, a petition to set aside the-judgment would lie. Civil Code, <5 4742. And see Brewer v. Jones, 44 Ga. 71; Hood v. Parker, 63 Ga. 510; Tumlin v. O’Bryan, 68 Ga. 65, 66.

Judgment affirmed.