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Dodd v. Dodd

164 S.E.2d 726, 224 Ga. 746, 1968 Ga. LEXIS 933
CourtSupreme Court of Georgia
DecidedNovember 7, 1968
Docket24886
StatusPublished
Cited by27 cases

This text of 164 S.E.2d 726 (Dodd v. Dodd) 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.

Bluebook
Dodd v. Dodd, 164 S.E.2d 726, 224 Ga. 746, 1968 Ga. LEXIS 933 (Ga. 1968).

Opinion

Undercofler, Justice.

This is an appeal from the denial of a motion to set aside a divorce decree. The sole issue is whether the trial court erred in hearing the divorce case without a jury when the appellant had on file at the time of trial a written demand for a jury trial. The certificate of the trial judge shows that appellant’s counsel stated in open court that he was withdrawing his demand for trial by jury and would allow the case to be tried and determined by the judge *747 without the intervention of a jury. Appellant’s counsel was present at the time of the trial. These facts are admitted by appellant’s counsel. Held:

Argued October 14, 1968 Decided November 7, 1968. Wallace, Wallace &. Driebe, Howard P. Wallace, for appellant. Beck, Goddard, Owen & Smalley, John H. Goddard, Jr., Stephen Squires, for appellee.

“One cannot complain of a judgment, order, or ruling that his own procedure or conduct procured or aided in causing.” Henley v. Henley, 217 Ga. 612 (124 SE2d 86). Compare McLarin v. McLarin, 224 Ga. 675. The contention of appellant that the written demand for a jury trial cannot be withdrawn orally in open court is therefore without merit.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)
164 S.E.2d 726, 224 Ga. 746, 1968 Ga. LEXIS 933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dodd-v-dodd-ga-1968.