Mackey v. Mackey

Supreme Court of Georgia

Mackey v. Mackey

205 S.E.2d 855, 232 Ga. 207, 1974 Ga. LEXIS 909

CourtSupreme Court of Georgia

DecidedApril 23, 1974

Docket28773

StatusPublished

Cited by1 cases

This text of 205 S.E.2d 855 (Mackey v. Mackey) 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

Mackey v. Mackey, 205 S.E.2d 855, 232 Ga. 207, 1974 Ga. LEXIS 909 (Ga. 1974).

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Opinion

Undercofler, Justice.

This appeal is from the denial of a motion to set aside a divorce decree. Appellant failed to file an answer to the petition and therefore received no notice of the final hearing. See Wallace v. Wallace, 229 Ga. 607 (193 SE2d 832). Appellant asserts that an answer was not filed because he did not know the whereabouts of the petitioner, his wife, and could not have served her with a copy of such answer. Pretermitting the question of whether a motion to set aside is an available remedy in this case, the record shows clearly that the appellant knew his wife’s address and where she had worked for the past five years. In addition, the wife’s attorney appeared of record and could have been served. Code Ann. § 81A-105 (Ga. L. 1966, pp. 609, 615; 1967, pp. 226, 229).

Submitted March 29, 1974 Decided April 23, 1974 Rehearing denied May 7, 1974. R. P. Herndon, for appellant. Mildred L. Kingloff, for appellee.

Judgment affirmed.

All the Justices concur.

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Undercofler, Justice.

This appeal is from the denial of a motion to set aside a divorce decree. Appellant failed to file an answer to the petition and therefore received no notice of the final hearing. See Wallace v. Wallace, 229 Ga. 607 (193 SE2d 832). Appellant asserts that an answer was not filed because he did not know the whereabouts of the petitioner, his wife, and could not have served her with a copy of such answer. Pretermitting the question of whether a motion to set aside is an available remedy in this case, the record shows clearly that the appellant knew his wife’s address and where she had worked for the past five years. In addition, the wife’s attorney appeared of record and could have been served. Code Ann. § 81A-105 (Ga. L. 1966, pp. 609, 615; 1967, pp. 226, 229).

Submitted March 29, 1974 Decided April 23, 1974 Rehearing denied May 7, 1974. R. P. Herndon, for appellant. Mildred L. Kingloff, for appellee.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

205 S.E.2d 855, 232 Ga. 207, 1974 Ga. LEXIS 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackey-v-mackey-ga-1974.

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