Franks v. Horton
Franks v. Horton
Opinion of the Court
Appellants, the Franks, filed a complaint in equity to set aside a default judgment rendered against them in a previous civil action brought by appellee, Horton. They alleged the prior default judgment had been obtained by fraud unmixed with their own negligence. Appellee filed a motion to dismiss, alleging, inter alia, that the trial court lacked personal jurisdiction and that venue was improper. The trial court granted the motion to dismiss without specifying the ground. We affirm.
Appellants filed their complaint in Tift County, the county in which the original judgment had been entered. Appellants affirmatively alleged in the complaint that the appellee was a resident of Spalding County and the appellee admitted this in her answer. A complaint in equity to set aside a judgment must be brought in the
Judgment affirmed.
Reference
- Full Case Name
- FRANKS v. HORTON
- Status
- Published