Supreme Court of Georgia, 1902

Wilson v. Williams

Wilson v. Williams
Supreme Court of Georgia · Decided April 30, 1902 · Little
115 Ga. 474; 41 S.E. 629; 1902 Ga. LEXIS 458
Wilson v. Williams

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

Little, J.

When a petition, brought to set aside a judgment foreclosing amaterialman’s lien, and for injunction, etc., showed on its face that the main issue therein raised had, before the filing of such petition, been adjudicated adversely to the petitioner, or could have been properly adjudicated, in a prior case in which both the petitioner and the defendant were parties, it was error to overrule a’demurrer properly presenting the point that the matter in controversy was res adjudicata. Civil Code, § 3742.

An allegation that a particular judgment was void because it was obtained by fraud and collusion between the plaintiff and the defendant therein was cognizable in an equitable proceeding to which one whose property was affected by the judgment, and the plaintiff in the judgment, were both parties.

Judgment reversed.

All the Justices concurring, except Lewis, J., absent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.