Davis v. Davis

Supreme Court of Georgia1940-11-15No. No. 13457

191 Ga. 333

Summary · law.co

Holding. The judgment granting a new trial was affirmed because the former husband was estopped from challenging the court's jurisdiction after having admitted jurisdiction, participated in the original divorce suit, and obtained and benefited from the court's decree through his subsequent remarriage.

A former husband sought to overturn a divorce decree and alimony judgment, claiming the court lacked jurisdiction because the parties were not residents of the county where the suit was filed. The former wife defended by arguing the husband was estopped from challenging jurisdiction because he had admitted the court's jurisdiction in his answer to the original divorce suit, actively participated in that proceeding, obtained a court order removing his remarriage disability, and subsequently remarried. Although the jury ruled in the former husband's favor on the jurisdictional question, the trial judge granted a new trial, finding the verdict contrary to law.

The appellate court upheld the trial judge's decision, holding that once a party admits jurisdiction, participates in litigation, and obtains benefits from the resulting decree, that party cannot later collaterally attack the judgment for lack of jurisdiction. The court determined the estoppel doctrine prevented the former husband from successfully challenging the validity of the divorce and alimony decree.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Whether a party may collaterally attack a judgment for lack of subject-matter jurisdiction after admitting jurisdiction and participating in the original suit
Application of equitable estoppel to bar jurisdictional challenges
Effect of obtaining and benefiting from a decree on ability to later attack it

Procedural posture

The former husband filed a motion to set aside the verdicts and judgment from a prior divorce and alimony case on jurisdictional grounds; the trial court granted a new trial, and the former husband appealed.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

majority opinion

Jenkins, Justice.

This is a proceeding at law, in the nature of a motion brought by a former husband who was the defendant in a previous divorce and alimony ease, to set aside verdicts and a judgment, on the ground that the parties were not residents of the county where the divorce and alimony suit had been brought, but of another county in this State. His petition alleged fraud and collusion between the parties as to the jurisdiction of the court. The defendant in this proceeding, the former wife, while denying lack of jurisdiction in the former case, and denying fraud and collusion therein with respect to the jurisdiction of the court, set up in effect a plea of estoppel, by showing that the plaintiff was not entitled to the relief sought, for the reason that by his answer he expressly admitted the jurisdiction of the court in the previous ease, participated therein, came into the court after the decree denying him the right to remarry, and had such disability removed, and married another woman. In the present proceeding the evidence as to where the parties in fact resided was in conflict; but the plea of the former wife, setting up the husband’s admission of jurisdiction, participation in the divorce ease, removal of his disability to remarry, and remarriage, was undisputed; and he himself testified as to such removal of disability and remarriage. The jury found in favor of the former husband and in favor of setting aside the previous verdicts and decree. The judge granted a new trial. Held,

(а) Under the principles set forth in McConnell v. McConnell, 135 Ga. 828 (70 S. E. 647), and Fuller v. Curry, 162 Ga. 293 (133 S. E. 244), cited in Haygood v. Haygood, 190 Ga. 445 (9 S. E. 2d, 834, 839), the defendant, having participated in the former divorce suit, having admitted the jurisdiction of the court, and having obtained the benefit of the decree by another marriage, could not afterwards have the verdicts and decree set aside for want of jurisdiction. Accordingly, the verdict in favor of the former husband and against the former wife was contrary to law, and the court did not err in granting a new trial. See 17 Am, Jur. 377, 381, 390 (§§ 460, 461, 466, 478) ; 19 C. J. 168, 170 (§§ 416, 422).

(б) Under the holding as made, it is unnecessary to give application to the principle that, unless the verdict was demanded by the law and the evidence, the first grant of a new trial will not be disturbed. Glenn v. Tankersley, 187 Ga. 129 (200 S. E. 709) ; Van Giesen v. Queen Insurance Co., 132 Ga. 515 (2) (64 S. E. 456); Carr v. Carr, 157 Ga. 208 (121 S. E. 227) ; Ga. So. & Fla. Ry. Co. v. Bryan, 15 Ga. App. 253 (2) (82 S. E. 913) ; Williams v. State, 27 Ga. App. 224 (2), 226 (107 S. E. 620).

No. 13457.

November 15, 1940.

Rehearino denied December 5, 1940.

Arthur F. Copland, for plaintiff in error.

Love & Fort, and Q. Seals Aiken, contra.

(e) No question arises in this case as to what the rule would be if the principle of estoppel on the part of the plaintiff former husband had not been involved. See Haygood v. Haygood, supra; Johnson v. Johnson, 188 Ga. 800 (4 S. E. 2d, 807).

Judgment affirmed.

All the Justices concur.