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217 Ga. 342

122 S.E.2d 86

Booker v. Booker

Supreme Court of Georgia

Decided October 9, 1961

Supreme Court of Georgia · decided 1961-10-09

Relies on Coley v. Coley · Fender v. Crosby · M. H. Thompson v. C. S. Thompson

Good law ✅— No negative treatment on recordhow we know

Decided 1961-10-09

How this case has been cited

Cited by 6 later decisions — most recently October 2010

6 state decisions

20196119701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Candler, Justice.

¶1 The exception here is to a judgment sustaining a general demurrer. The primary purpose of this litigation is to set aside a decree which the plaintiff obtained in a court of competent jurisdiction against the defendant for divorce and alimony, and since it affirmatively appears from the allegations of her amended petition that she accepted and retained the property awarded to her as alimony by the decree, she will not be permitted while retaining it to further prosecute her amended petition to set aside the decree which she obtained; and this is especially true in the instant case where she personally instituted this litigation as a person mentally competent to do so. For rulings so holding, see Coley v. Coley, 128 Ga. 654 (58 SE 205); Thompson v. Thompson, 203 Ga. 128 (2b) (45 SE2d 632), and the cases there cited. Hence, there is no merit in the contention that the court erred in sustaining a general demurrer to her amended petition and dismissing it. In this connection see Georgia Power Co. v. Roper, 201 Ga. 760 (41 SE2d 226); Fender v. Crosby, 209 Ga. 896 (76 SE2d 769); and Merritt v. Merritt, 210 Ga. 39 (77 SE2d 438), and the several cases there cited.

¶2 Judgment affirmed.

All the Justices concur.
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