2021 Georgia Code
Title 15 - Courts
Chapter 1 - General Provisions
§ 15-1-2. No Jurisdiction by Consent; Waiver of Personal Jurisdiction
Parties may not give jurisdiction to a court by consent, express or implied, as to the person or subject matter of an action. However, lack of jurisdiction of the person may be waived, insofar as the rights of the parties are concerned, but not so as to prejudice third persons.
(Orig. Code 1863, § 3389; Code 1868, § 3408; Code 1873, § 3460; Code 1882, § 3460; Civil Code 1895, § 5079; Civil Code 1910, § 5663; Code 1933, § 24-112.)
Law reviews.- For article discussing aspects of third party practice (impleader) under the Georgia Civil Practice Act, see 4 Ga. St. B. J. 355 (1968). For article, "Current Problems with Venue in Georgia," see 12 Ga. St. B. J. 71 (1975). For comment on Musgrove v. Musgrove, 213 Ga. 610, 100 S.E.2d 577 (1957), upholding the validity of divorce decree granted in county other than residence of defendant when defendant now plaintiff, admittedly waived process and consented to trial elsewhere, see 20 Ga. B. J. 548 (1958).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Subject Matter Jurisdiction
- Effect of Lack of Jurisdiction
- Waiver
- Rights of Third Persons
RESEARCH REFERENCES
Am. Jur. 2d.
- 20 Am. Jur. 2d, Courts, § 90 et seq.
C.J.S.- 21 C.J.S., Courts, § 71 et seq.
ALR.
- Discretion of court to refuse to entertain action for nonstatutory tort occurring in another state or country, 32 A.L.R. 6; 48 A.L.R.2d 800.
Necessity as justifying action by judicial or administrative officer otherwise disqualified to act in particular case, 39 A.L.R. 1476.
Litigant's participation on merits, after objection to jurisdiction of person made under special appearance or the like has been overruled, as waiver of objection, 93 A.L.R. 1302; 62 A.L.R.2d 937.
Decree of divorce or separation as subject to attack because suit was brought in wrong county or judicial district, 130 A.L.R. 94.
Consent decree as affecting title to real estate in another state, 2 A.L.R.2d 1188.
Objection before judgment to jurisdiction of court over subject matter as constituting general appearance, 25 A.L.R.2d 833.
Validity of contractual provision limiting place or court in which action may be brought, 31 A.L.R.4th 404.
