HYNDMAN v. HYNDMAN

17761.

208 Ga. 797 (1952)

69 S.E.2d 859

HYNDMAN v. HYNDMAN.

Supreme Court of Georgia.

Decided March 11, 1952.


Attorney(s) appearing for the Case

G. Seals Aiken and Sam P. Burtz, for plaintiff.

Wood & Tallant, for defendant.


DUCKWORTH, Chief Justice.

1. The excerpt of the charge complained of instructed the jury that, if they granted a divorce to the plaintiff, they were then authorized to grant a divorce to the defendant. The sole charge made by the defendant against the plaintiff was that of voluntary and wilful desertion. A verdict granting the defendant a divorce would be a finding that the plaintiff was guilty of this charge. Such a verdict for the defendant would be irreconcilable...

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