Cross v. Cross

Hawes, Justice.

"When 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 disability unless there is in the pleadings a special prayer that he be placed under such disabilities.” Ga. L. 1946, pp. 90, 93; 1960, pp. 1024, 1025 (Code Ann. § 30-122). A judgment in a divorce proceeding which prohibits the remarriage of the defendant where there was no prayer in the original complaint for such relief and where defendant therein has not filed defensive pleadings nor…