Dunn v. Dunn

Duckworth, Chief Justice, Candler, Presiding Justice, and Cook, Justice,

dissenting. The provisions of Code Ann. § 30-101 (Ga. L. 1956, p. 405; 1960, p. 1023) are jurisdictional. In divorce cases where there is (1) no issuable defense, and (2) no written demand for a jury trial, a jury verdict is void and a judgment based upon that verdict is likewise void for want of jurisdiction. The record showing no issuable defense was filed to the suit and no written demand for a jury trial, the verdict of a jury rendered October 13, 1961, and a decree entered reciting that it was based upon that verdict…