132 Ga. 719 | Ga. | 1909
(After stating the foregoing facts.)
The constitution (art. 6, sec. 15, par. 1, Civil Code, §5867) declares that “No total divorce shall be granted, except on the concurrent verdict of two juries at different terms of the court.” A divorce from bed and board may be granted on the verdict of one jury. Civil Code, §3435. Before the bonds of matrimony are dissolved there must be two distinct and separate trials, in each of which a verdict shall be rendered in favor of a total divorqe. If the first verdict should be in favor of the defendant, no further proceeding could be had by the plaintiff towards obtaining another verdict. Where the basis of the suit is cruel treatment or habitual intoxication,, the jury, in their discretion, may grant either a total or partial divorce. §3437. In -some respects, a proceeding to obtain a total divorce is like two suits, consolidated into one, the verdict in the first of which is necessary before proceeding to obtain one in the second. The second verdict declares the rights and disabilities of the< parties. §3445. .It
Judgment reversed.