Supreme Court of Georgia, 1950

Chambers v. Chambers

Supreme Court of Georgia · Decided April 10, 1950 · Atkinson

58 S.E.2d 814; 206 Ga. 796; 1950 Ga. LEXIS 567 (South Eastern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Atkinson, Presiding Justice.

A person who is non compos mentis, though not legally adjudged to be an insane person, is incapable of being legally served with a petition for divorce; and a judgment in an uncontested divorce suit which is predicated upon such service may be *797 set aside in a proceeding by a next friend. Code, §§ 110-709, 110-710; Perry v. Fletcher, 46 Ga. App. 450 (1) (167 S. E. 796); Henry & Co. v. Johnson, 178 Ga. 541 (5c) (173 S. E. 659).

' No. 17047. April 10, 1950. R. P. Johnston and Vester M. Ownby, for plaintiff in error. Martin McFarland and Roger H. Bell, contra.

Judgment affirmed.

All the Justices concur.

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