Allen v. Allen

Weltner, Justice.

The trial court directed that the question of the enforceability of a settlement agreement be submitted to a jury. We granted the husband’s application for discretionary review of this issue.

1. The trial court, relying upon OCGA § 19-5-1, held that the wife was entitled to a jury trial as follows:

The [wife] insists that the contract, if any, was procured through duress and/or fraud. As a result, these questions become particularly ones for determination by jury, not the Court. This has been the law since at least 1884 when the case of Johnson v. Renfroe & McCrary, 73 Ga. 138…