Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

TYREE v. JACKSON.

HAWES, Justice.

A supersedeas deprives the trial court of jurisdiction to take further proceedings towards the enforcement of the judgment superseded. West v. Gainesville Nat. Bank, 158 Ga. 640 ( 123 S.E. 870). See also Barnett v. Strain, 153 Ga. 43 (1) ( 111 S.E. 574); Town of Fairburn v. Brantley, 161 Ga. 199 (1) ( 130 S.E. 67); Tanner v. Wilson, 184 Ga. 628, 633 ( 192 S.E. 425); Abney v. Harris, 208 Ga. 184, 187 ( 65 S.E.2d 905). So, where, on the hearing of the plaintiff's application for a rule for contempt against the defendant for the alleged wilful refusal of the defendant to abide by a previous order of the court granting custody of the minor child of the parties to the plaintiff, it appeared that the defendant had timely filed a notice of appeal to this court from the judgment changing custody, nothing else appearing, the trial court had no jurisdiction to pass thereafter an order holding the defendant in contempt of court since the only purpose such an order could serve would be to enforce the court's previous judgment changing custody. It follows that the judgment of the trial court holding the defendant in contempt, having been entered at a time when the court had no jurisdiction to render it, was a nullity and such judgment accordingly must be reversed.

Judgment reversed. All the Justices concur.

ARGUED JUNE 9, 1970 — DECIDED SEPTEMBER 10, 1970.
Use AI to get other relevant cases.

Comments

TYREE v. JACKSON
(Sep 10, 1970)