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Dodd v. Dodd

Dodd v. Dodd, 164 S.E.2d 726 (Ga. 1968)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
November 7, 1968
Docket
No. 24886
Judges
Undercofler
Citations
164 S.E.2d 726224 Ga. 7461968 Ga. LEXIS 933
Cited by 24

Opinion — Undercofler

Undercofler, Justice.

This is an appeal from the denial of a motion to set aside a divorce decree. The sole issue is whether the trial court erred in hearing the divorce case without a jury when the appellant had on file at the time of trial a written demand for a jury trial. The certificate of the trial judge shows that appellant’s counsel stated in open court that he was withdrawing his demand for trial by jury and would allow the case to be tried and determined by the judge *747 without the intervention of a jury. Appellant’s counsel was present at the time of the trial. These facts are admitted by appellant’s counsel.

Held:

Argued October 14, 1968 Decided November 7, 1968.

Wallace, Wallace &. Driebe, Howard P. Wallace, for appellant.

Beck, Goddard, Owen & Smalley, John H. Goddard, Jr., Stephen Squires, for appellee.

“One cannot complain of a judgment, order, or ruling that his own procedure or conduct procured or aided in causing.”

Henley v. Henley, 217 Ga. 612 ( 124 SE2d 86 ). Compare McLarin v. McLarin, 224 Ga. 675 . The contention of appellant that the written demand for a jury trial cannot be withdrawn orally in open court is therefore without merit.

Judgment affirmed.

All the Justices concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 24 cases

View all citing references →
1970: 11971: 11974: 31975: 11976: 11979: 21980: 11981: 21983: 11984: 11985: 11986: 11988: 31989: 21990: 21998: 119702026peak 1974 · 3

Relies on it most ⓘ

  1. Moody v. Dykes496 S.E.2d 907 (Ga. 1998)
  2. Locke v. Vonalt377 S.E.2d 696 (Ga. Ct. App. 1989)
  3. Friedman v. Friedman210 S.E.2d 754 (Ga. 1974)
  4. Williams v. Georgia Power Co.212 S.E.2d 348 (Ga. 1975)
  5. McDaniel v. State283 S.E.2d 862 (Ga. 1981)
  6. Goolsby v. Allstate Insurance204 S.E.2d 789 (Ga. Ct. App. 1974)

Most recent

  1. Moody v. Dykes496 S.E.2d 907 (Ga. 1998)
  2. Moore v. Sinclair396 S.E.2d 557 (Ga. Ct. App. 1990)
  3. Southern Trust Insurance v. Georgia Farm Bureau Mutual Insurance391 S.E.2d 793 (Ga. Ct. App. 1990)
  4. Segrest v. Intown True Value Hardware, Inc.379 S.E.2d 615 (Ga. Ct. App. 1989)
  5. Locke v. Vonalt377 S.E.2d 696 (Ga. Ct. App. 1989)
  6. Ramsey v. State375 S.E.2d 63 (Ga. Ct. App. 1988)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Henley v. Henley, 124 S.E.2d 86 (Ga. 1962) 7
McLarin v. McLarin, 163 S.E.2d 914 (Ga. 1968) 4

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