PEYTON v. PEYTON

30431.

236 Ga. 119 (1976)

223 S.E.2d 96

PEYTON v. PEYTON.

Supreme Court of Georgia.

Decided January 28, 1976.


Attorney(s) appearing for the Case

Isabel Gates Webster, for appellant.

B. J. Smith, for appellee.


JORDAN, Justice.

In an action for divorce by appellant-wife, the jury found a common-law marriage to exist, granted appellant a total divorce, and awarded child support. Appellant's amended motion for new trial was denied without hearing upon appellee's motion to dismiss, and appellant appeals.

1, 2. Appellant enumerates as error the trial court's dismissal of her motion for new trial without setting a date for hearing and without conducting the same.

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