229 Ga. 10 | Ga. | 1972
Ralph Fred Mickas was granted a divorce from Marlene Mickas, and thereafter a motion to set aside and vacate such decree was filed by Marlene Mickas. This motion was overruled and the present appeal filed. Held:
1. The requirements of the Civil Practice Act (Ga. L. 1966, p. 609, as amended) (Code Ann. §81A-104 (e, 1, iii)) that notice of service by publication be published four times at least 7 days apart are met where the publication is made on the same day of successive weeks. See Code Ann. §§ 81A-106 (a), 102-102 (8).
2. It has long been the rule in Georgia that substance and not mere nomenclature controls in determining the. nature of pleadings. Chance v. Planters Rural Telephone Co-Op., 219 Ga. 1, 5 (131 SE2d 541). Accordingly, where, as in the present case, the substance of the plaintiff’s pleading seeking a divorce was sufficient to comport with the statutory requirements whether denominated as a "complaint” or "petition” is immaterial.
3. Allegations that the defendant is a resident of another
Judgment affirmed.