Official Code of Georgia Annotated

Title 9. CIVIL PRACTICE · Chapter 12. VERDICT AND JUDGMENT · Article 1. GENERAL PROVISIONS

9-12-16. Validity of judgment when court does not have jurisdiction.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

The judgment of a court having no jurisdiction of the person or the subject matter or which is void for any other cause is a mere nullity and may be so held in any court when it becomes material to the interest of the parties to consider it.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 3513; Code 1868, § 3536; Code 1873, § 3594; Code 1882, § 3594; Civil Code 1895, § 5369; Civil Code 1910, § 5964; Code 1933, § 110-709.

Cross references

For corresponding provision relating to criminal procedure, see § 17-9-4.

Law reviews

For comment on Musgrove v. Musgrove, 213 Ga. 610, 100 S.E.2d 577 (1957), upholding the validity of a divorce decree, see 20 Ga. B.J. 548 (1958).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from T09 Ch12-16 (V7A) 2015.pdf, Volume V7A, 2015 edition, page 44; merge action: annotated; file SHA-256 c88496cf9e57.