Hicks v. Hicks

Supreme Court of Georgia

Hicks v. Hicks

249 S.E.2d 592, 242 Ga. 106, 1978 Ga. LEXIS 1116

CourtSupreme Court of Georgia

DecidedSeptember 7, 1978

Docket33796

StatusPublished

This text of 249 S.E.2d 592 (Hicks v. Hicks) 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

Hicks v. Hicks, 249 S.E.2d 592, 242 Ga. 106, 1978 Ga. LEXIS 1116 (Ga. 1978).

Pincite

Opinion

Bowles, Justice.

The appellee-wife filed for divorce on the grounds that the appellant-husband was guilty of cruel treatment and that their marriage was irretrievably broken. Appellant answered, denying both allegations, and made demand for a jury trial.

As there was an issue of fact created by the pleadings, and proper demand for jury trial having been made, it was error for the trial court to grant a judgment for divorce without submitting the issues to a jury. McMillian v. McMillian, 240 Ga. 278 (240 SE2d 65) (1977) and cits.

Judgment reversed.

All the Justices concur.

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