UNITED STATES FIDELITY &c. CO. v. DUNBAR

41184, 41185.

112 Ga. App. 102 (1965)

143 S.E.2d 663

UNITED STATES FIDELITY & GUARANTY COMPANY et al v. DUNBAR et al.; and vice versa.

Court of Appeals of Georgia.

Decided July 2, 1965.

Rehearing Denied July 20, 1965.


Attorney(s) appearing for the Case

Burt & Burt, Donald Rentz, H. P. Burt, for plaintiffs in error.

Peek, Carr, Whaley & Blackburn, Richard D. Carr, B. C. Gardner, Jr., J. Neely Peacock, William T. Roberts, contra.


HALL, Judge.

1. The board concluded that Mrs. Newton was not entitled to compensation because the divorce was in effect on the date of the deceased's death, reasoning that the decree of divorce was voidable and had not at that time been set aside, and that Mrs. Newton's children therefore were not entitled to compensation as stepchildren.

It is true that extrinsic fraud in the procurement of a judgment renders the judgment voidable rather than void (Albama...

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