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Cofer v. Williams

Court of Appeals of Georgia
Jan 24, 1977
232 S.E.2d 610 (Ga. Ct. App. 1977)

Opinion

53151.

SUBMITTED JANUARY 10, 1977.

DECIDED JANUARY 24, 1977.

Restoration of driver's license. Echols Superior Court. Before Judge Elliott.

Arthur K. Bolton, Attorney General, Kirby G. Atkinson, Assistant Attorney General, for appellant. Saliba Newsom, Walter F. Newsom, for appellee.


"Compliance with Code Ann. § 3-116 is an absolute condition precedent before a valid judgment may be entered against the State of Georgia or any of its officials acting in their official capacity. Otherwise, the judgment is void. The record in this case does not affirmatively show that the requirements of the Code section were met. The judgment is therefore void on its face. A void judgment may be attacked in any court and by any person. Code Ann. § 81A-160 (a). Edwards v. Lumpkin, 112 Ga. App. 128 ( 144 S.E.2d 119), affirmed 221 Ga. 486 ( 145 S.E.2d 518)." Hawes v. Bigbie, 120 Ga. App. 294 ( 170 S.E.2d 302). Accord, State of Georgia v. Chiles, 129 Ga. App. 645 ( 200 S.E.2d 501).

In the instant case there is nothing to show that the Attorney General was notified, appeared or waived notice as required by Code Ann. § 3-116 (Ga. L. 1956, p. 625). Hence, the judgment rendered is not sustainable.

Judgment reversed. Stolz and Shulman, JJ., concur.

SUBMITTED JANUARY 10, 1977 — DECIDED JANUARY 24, 1977.


Summaries of

Cofer v. Williams

Court of Appeals of Georgia
Jan 24, 1977
232 S.E.2d 610 (Ga. Ct. App. 1977)
Case details for

Cofer v. Williams

Case Details

Full title:COFER v. WILLIAMS

Court:Court of Appeals of Georgia

Date published: Jan 24, 1977

Citations

232 S.E.2d 610 (Ga. Ct. App. 1977)
232 S.E.2d 610

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