FRANKS v. HORTON

35211.

244 Ga. 611 (1979)

261 S.E.2d 570

FRANKS et al. v. HORTON.

Supreme Court of Georgia.

Decided October 2, 1979.

Rehearing Denied October 31, 1979.


Attorney(s) appearing for the Case

C. H. Hollingsworth, Jr., Anthony R. DeStefano, for appellants.

Crosley & Kelley, David J. Kelley, for appellee.


BOWLES, Justice.

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...

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