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DUNCAN v. DUNCAN

25791.

226 Ga. 605 (1970)

176 S.E.2d 88

DUNCAN v. DUNCAN.

Supreme Court of Georgia.

Decided July 9, 1970.

Rehearing Denied July 28, 1970.

Attorney(s) appearing for the Case

Arthur L. Crowe, Jr., for appellant.

G. Robert Howard, for appellee.

Hylton B. Dupree, Jr., Duard R. McDonald, J. A. Cochran, Ben F. Smith, Cesar Rodrequez, J. Wesley Channell, Don F. DeFore, for parties at interest not parties to record.

FELTON, Justice.

1. "Where 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 disabilities unless there is in the pleadings a special prayer that he be placed under such disabilities." Code Ann. § 30-122 (Ga. L. 1946, pp. 90, 93; as amended, Ga. L. 1960, pp. 1024, 1025). (Emphasis supplied.) The italicized portion...

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