Neal v. Neal

Supreme Court of Georgia

Neal v. Neal

71 S.E.2d 229, 209 Ga. 199, 1952 Ga. LEXIS 440

CourtSupreme Court of Georgia

DecidedMay 12, 1952

Docket17823

StatusPublished

Cited by5 cases

This text of 71 S.E.2d 229 (Neal v. Neal) 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

Neal v. Neal, 71 S.E.2d 229, 209 Ga. 199, 1952 Ga. LEXIS 440 (Ga. 1952).

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Opinion

Candler, Justice.

Where, as here, a divorce is granted by the jury, with an award of permanent alimony, upon which a judgment is pursuantly entered, and no written petition to modify or set aside the verdict and judgment is filed within 30 days thereafter, as provided by statute (Code, Ann. Supp., § 30-101; Ga. L. 1946, pp. 90, 91), the verdict and judgment become final and conclusive; and that is true in the instant case notwithstanding the fact that the defendant husband, during the 30-day period immediately subsequent to the date of the verdict and judgment, filed a motion for new trial upon the usual general grounds, there being, under such circumstances, no authority in law for the filing of a motion for new trial during that period. Dugas v. Dugas, *200 201 Ga. 190 (39 S. E. 2d, 658); Gilbert v. Gilbert, 202 Ga. 752 (44 S. E. 2d, 485); Williams v. Williams, 203 Ga. 231 (46 S. E. 2d, 65); Allison v. Allison, 204 Ga. 202 (48 S. E. 2d, 723); Gault v. Gault, 204 Ga. 205 (48 S. E. 2d, 819); Huguley v. Huguley, 204 Ga. 692 (51 S. E. 2d, 445); Allison v. Allison, 205 Ga. 233 (53 S. E. 2d, 114); Winn v. Winn, 205 Ga. 314 (53 S. E. 2d, 477); Carnegie v. Carnegie, 206 Ga. 77 (56 S. E. 2d, 583); Stebbins v. Stebbins, 206 Ga. 529 (57 S. E. 2d, 564); Champion v. Champion, 207 Ga. 431 (61 S. E. 2d, 822). And an attempt by the losing party, by amendment later than 30 days subsequent to the date of the verdict and judgment, to convert the motion for new trial into a written petition to modify or set aside the verdict and judgment came too late, even if such conversion could be made under any circumstances. It follows, therefore, that the trial judge committed no error in denying the amended motion.

No. 17823. Argued April 14, 1952 Decided May 12, 1952 Rehearing denied June 11, 1952. Johnson & Johnson and Hammond Johnson, for plaintiff in error. W. R. Gignilliat Jr. and C. E. Smith Jr., contra.

Judgment affirmed.

All the Justices concur, excerpt Atkinson, P. J., who dissents.

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Candler, Justice.

Where, as here, a divorce is granted by the jury, with an award of permanent alimony, upon which a judgment is pursuantly entered, and no written petition to modify or set aside the verdict and judgment is filed within 30 days thereafter, as provided by statute (Code, Ann. Supp., § 30-101; Ga. L. 1946, pp. 90, 91), the verdict and judgment become final and conclusive; and that is true in the instant case notwithstanding the fact that the defendant husband, during the 30-day period immediately subsequent to the date of the verdict and judgment, filed a motion for new trial upon the usual general grounds, there being, under such circumstances, no authority in law for the filing of a motion for new trial during that period. Dugas v. Dugas, *200 201 Ga. 190 (39 S. E. 2d, 658); Gilbert v. Gilbert, 202 Ga. 752 (44 S. E. 2d, 485); Williams v. Williams, 203 Ga. 231 (46 S. E. 2d, 65); Allison v. Allison, 204 Ga. 202 (48 S. E. 2d, 723); Gault v. Gault, 204 Ga. 205 (48 S. E. 2d, 819); Huguley v. Huguley, 204 Ga. 692 (51 S. E. 2d, 445); Allison v. Allison, 205 Ga. 233 (53 S. E. 2d, 114); Winn v. Winn, 205 Ga. 314 (53 S. E. 2d, 477); Carnegie v. Carnegie, 206 Ga. 77 (56 S. E. 2d, 583); Stebbins v. Stebbins, 206 Ga. 529 (57 S. E. 2d, 564); Champion v. Champion, 207 Ga. 431 (61 S. E. 2d, 822). And an attempt by the losing party, by amendment later than 30 days subsequent to the date of the verdict and judgment, to convert the motion for new trial into a written petition to modify or set aside the verdict and judgment came too late, even if such conversion could be made under any circumstances. It follows, therefore, that the trial judge committed no error in denying the amended motion.

No. 17823. Argued April 14, 1952 Decided May 12, 1952 Rehearing denied June 11, 1952. Johnson & Johnson and Hammond Johnson, for plaintiff in error. W. R. Gignilliat Jr. and C. E. Smith Jr., contra.

Judgment affirmed.

All the Justices concur, excerpt Atkinson, P. J., who dissents.

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71 S.E.2d 229, 209 Ga. 199, 1952 Ga. LEXIS 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neal-v-neal-ga-1952.

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