Bennet v. Bennet

Supreme Court of Georgia

Bennet v. Bennet

92 S.E.2d 11, 212 Ga. 292, 1956 Ga. LEXIS 344

CourtSupreme Court of Georgia

DecidedMarch 12, 1956

Docket19250

StatusPublished

Cited by1 cases

This text of 92 S.E.2d 11 (Bennet v. Bennet) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bennet v. Bennet, 92 S.E.2d 11, 212 Ga. 292, 1956 Ga. LEXIS 344 (Ga. 1956).

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Opinion

Duckworth, Chief Justice.

Where the defendant in this divorce case was a resident of Brooks County when she was adjudged insane and a legal guardian whose place of abode is Fulton County was appointed for her, the domicile or legal residence of the mentally incompetent person became, under Code § 79-405, the same as the guardian. The petition of the husband for divorce filed in Brooks County, showing on its face that these facts existed at the time the suit was filed, the court did not err in sustaining the general demurrer and dismissing the petition for lack of jurisdiction. See Redfearn’s Wills & Administration of Estates (Rev. ed.) 622, § 340; Ocean Accident &c. Co. v. Lovern, 90 Ga. App. 708, 711 (83 S. E. 2d 862).

Judgment affirmed.

All the Justices concur, except Wyatt, P. J., not participating.

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Duckworth, Chief Justice.

Where the defendant in this divorce case was a resident of Brooks County when she was adjudged insane and a legal guardian whose place of abode is Fulton County was appointed for her, the domicile or legal residence of the mentally incompetent person became, under Code § 79-405, the same as the guardian. The petition of the husband for divorce filed in Brooks County, showing on its face that these facts existed at the time the suit was filed, the court did not err in sustaining the general demurrer and dismissing the petition for lack of jurisdiction. See Redfearn’s Wills & Administration of Estates (Rev. ed.) 622, § 340; Ocean Accident &c. Co. v. Lovern, 90 Ga. App. 708, 711 (83 S. E. 2d 862).

Judgment affirmed.

All the Justices concur, except Wyatt, P. J., not participating.

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92 S.E.2d 11, 212 Ga. 292, 1956 Ga. LEXIS 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennet-v-bennet-ga-1956.

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