McLarin v. McLarin

Almand, Presiding Justice.

This appeal is from an order denying the plaintiff-appellant’s motion for a new trial in which the trial court without the intervention of a jury entered a decree in an action for divorce and alimony. One of the special grounds in the motion for a new trial was that the trial court failed to honor the appellant’s demand for a jury trial and over her objection tried the case without a jury.

Code Ann. § 30-101 (Ga. L. 1960, pp. 1023, 1024) provides: “Total divorces in proper cases may be granted by the superior court. Unless an issuable defense is filed as provided by…