35 S.E.2d 199 | Ga. | 1945
Sarah Mullally sought from Michael F. Mullally a divorce and temporary and permanent alimony, alleging that the defendant is a resident of Fulton County, the dates of the marriage and separation of the parties, and cruel treatment by the defendant. A general demurrer, attacking the petition upon the ground that it set forth no cause of action, was overruled. The defendant excepted to this judgment. Held:
1. Error is assigned on a judgment overruling grounds of a general demurrer, which if sustained would have terminated the action; and, consequently, there is no merit in the contention of counsel for the defendant in error that the bill of exceptions is prematurely brought. Code, § 6-701; Coppedge
v. Allen,
2. The absence of jurisdiction, appearing on the face of a petition, may be raised by general demurrer complaining that the petition fails to allege a cause of action for the relief sought. Ruis v. Lothridge,
3. In order to obtain a divorce, a person (except a resident of a military post or reservation) must have been a bona fide resident of the State twelve months before the filing of the application for divorce (Code. § 30-107), and this jurisdictional averment is essential to every application for a divorce. Owens v. Owens,
Judgment reversed. All the Justicesconcur.
