TIBBS v. TIBBS

44634.

257 Ga. 370 (1987)

359 S.E.2d 674

TIBBS v. TIBBS.

Supreme Court of Georgia.

Decided September 9, 1987.


Attorney(s) appearing for the Case

Heyman & Sizemore, William H. Major, for appellant.

Hogan, Casey, Chalker & Cooper, William D. Cooper, for appellee.


GREGORY, Justice.

On September 18, 1985 Ferrell Elliot Tibbs filed a complaint for divorce against Don F. Tibbs. At trial the wife's counsel offered into evidence the affidavit executed by the wife pursuant to Rule 24.2 of the Uniform Superior Court Rules. It was objected to by counsel for the husband on the basis that it was inadmissible as a "continuing witness." The husband did not offer a similar affidavit on his own behalf. The trial judge clearly stated that...

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