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SUMMEROUR v. SUMMEROUR

21498.

217 Ga. 561 (1962)

123 S.E.2d 753

SUMMEROUR et al. v. SUMMEROUR et al.

Supreme Court of Georgia.

Decided January 22, 1962.

Attorney(s) appearing for the Case

Ivylyn O. Askew, J. Robert Cooper, for plaintiffs in error.

Smith, Oliver, Johnson & Bostick, Brannon & Brannon, Howard T. Overby, contra.

DUCKWORTH, Chief Justice.

The exception is to a judgment dismissing a motion by parties not parties to the original action to set aside a judgment therein, and also to set aside a judgment of the court of ordinary appointing the defendant therein as administrator. The motion by these movants, who were not parties to the judgment, must fail, and since there was no prayer for process, it is not maintainable as a suit in equity...

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