Motes v. Motes

Supreme Court of Georgia

Motes v. Motes

192 S.E.2d 165, 229 Ga. 429, 1972 Ga. LEXIS 633

CourtSupreme Court of Georgia

DecidedSeptember 7, 1972

Docket27320

StatusPublished

Cited by1 cases

This text of 192 S.E.2d 165 (Motes v. Motes) 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

Motes v. Motes, 192 S.E.2d 165, 229 Ga. 429, 1972 Ga. LEXIS 633 (Ga. 1972).

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Opinion

Undercofler, Justice.

On January 13, 1972, Mary Anne Motes filed suit for divorce against Jessie James Motes in Cobb Superior Court. There was no special prayer seeking to place the defendant under disabilities. The defendant filed no defensive pleadings.

The divorce decree provided that the defendant did not have the right to remarry. The defendant appeals to this court. Held:

Submitted July 11, 1972 Decided September 7, 1972. Doyle C. Brown, for appellant. Alden C. Harrington, Michael H. Terry, for appellee.

Code Ann. § 30-122 provides: "Where a divorce shall be granted, the jury or the judge, as the case may be, shall determine the rights and disabilities of the parties: Provided, however, that no person shall be placed under disabilities unless there is in the pleadings a special prayer that he be placed under such disabilities.” Ga. L. 1946, pp. 90, 93; as amended, Ga. L. 1960, pp. 1024, 1025. In Duncan v. Duncan, 226 Ga. 605 (176 SE2d 88) this court held that it was error for the trial court to place the defendant under disability to remarry in the absence of a special prayer therefor. It follows that the portion of the judgment placing the defendant under disability is erroneous. It is directed that this portion of the judgment be stricken.

Judgment affirmed with direction.

All the Justices concur.

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Undercofler, Justice.

On January 13, 1972, Mary Anne Motes filed suit for divorce against Jessie James Motes in Cobb Superior Court. There was no special prayer seeking to place the defendant under disabilities. The defendant filed no defensive pleadings.

The divorce decree provided that the defendant did not have the right to remarry. The defendant appeals to this court. Held:

Submitted July 11, 1972 Decided September 7, 1972. Doyle C. Brown, for appellant. Alden C. Harrington, Michael H. Terry, for appellee.

Code Ann. § 30-122 provides: "Where a divorce shall be granted, the jury or the judge, as the case may be, shall determine the rights and disabilities of the parties: Provided, however, that no person shall be placed under disabilities unless there is in the pleadings a special prayer that he be placed under such disabilities.” Ga. L. 1946, pp. 90, 93; as amended, Ga. L. 1960, pp. 1024, 1025. In Duncan v. Duncan, 226 Ga. 605 (176 SE2d 88) this court held that it was error for the trial court to place the defendant under disability to remarry in the absence of a special prayer therefor. It follows that the portion of the judgment placing the defendant under disability is erroneous. It is directed that this portion of the judgment be stricken.

Judgment affirmed with direction.

All the Justices concur.

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192 S.E.2d 165, 229 Ga. 429, 1972 Ga. LEXIS 633, Counsel Stack Legal Research, https://law.counselstack.com/opinion/motes-v-motes-ga-1972.

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