New trials may be granted in actions for divorce as in other cases.
(Orig. Code 1863, § 1679; Code 1868, § 1722; Code 1873, § 1723; Code 1882, § 1723; Civil Code 1895, § 2441; Civil Code 1910, § 2960; Code 1933, § 30-130.)
Cross references.- New trial generally, T. 5, C. 5.
JUDICIAL DECISIONS
It is not cause for grant of new trial that verdict found generally in favor of plaintiff for a total divorce, without in express terms referring to the status of the defendant. Miller v. Miller, 139 Ga. 282, 77 S.E. 21 (1913).
Attorney with notice of trial but failing to notify client.
- Former husband was not entitled to a new trial in a divorce action because the husband's attorney had actual notice of the trial date but failed to notify the husband; thus, a meritorious reason did not exist for granting a new trial. Arkwright v. Arkwright, 284 Ga. 545, 668 S.E.2d 709 (2008).
Trial court and appellate court can grant partial new trial on an issue or issues in a case that are severable from other issues in the case, and therefore it is likewise proper for a litigant to move for a partial new trial in a divorce and alimony case when the issues are severable. Swindell v. Swindell, 231 Ga. 167, 200 S.E.2d 736 (1973).
Cited in Gholston v. Gholston, 31 Ga. 625 (1860); Rorie v. Rorie, 132 Ga. 719, 64 S.E. 1070 (1909); Dugas v. Dugas, 201 Ga. 190, 39 S.E.2d 658 (1946); Huguley v. Huguley, 204 Ga. 692, 51 S.E.2d 445 (1949); Taylor v. Taylor, 212 Ga. 637, 94 S.E.2d 744 (1956).
RESEARCH REFERENCES
Am. Jur. 2d.
- 24 Am. Jur. 2d, Divorce and Separation, § 355 et seq.
C.J.S.- 27A C.J.S., Divorce, § 341 et seq.