Supreme Court of Georgia, 1935

Donehoo v. Standifer

Supreme Court of Georgia · Decided January 19, 1935 · Russell

180 Ga. 181; 178 S.E. 455; 1935 Ga. LEXIS 212

Cases that cite this one

1 later published case cites this decision.

Bowers v. Dolan (Ga. 1939)

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Opinion of the Court

Russell, Chief Justice.

Under the facts alleged, this case is controlled by the decisions in Wallace v. Wallace, 142 Ga. 408 (2) (83 S. E. 113), Brown v. Parks, 169 Ga. 712 (151 S. E. 340, 71 A. L. R. 271), and Jackson v. Jackson, 179 Ga. 696 (177 S. E. 591), and is distinguished from Walker v. Hall, 176 Ga. 12 (166 S. E. 757), in which there were no sufficient allegations of fraud upon the court of ordinary. The court erred in sustaining the general demurrer and in dismissing the petition.

Judgment reversed.

All the Justices concur. McElrealh & Scolt and George H. Perry, for plaintiff. Lowrey Slone and James TP. Harris, for defendants.

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