130 Ga. 683 | Ga. | 1908
Mrs. Elizabeth Watts, a resident of Paulding county, filed her suit for divorce in the superior court of Paulding county against her husband, W. T. Watts, who at the time of filing the suit resided in Polk county, Ga. The defendant entered upon the original petition an acknowledgment as follows: “Due and legal service of the within petition for divorce and the process attached is hereby acknowledged. Copy waived and all other and. further service acknowledged, and I agree that the superior court of Paulding county have jurisdiction of the ease.” At the trial term of the court the first verdict was rendered in favor of the plaintiff. At a subsequent term of the court, when the ease was again on trial, the judge, upon his own motion, dismissed the case, on the ground that the superior court of Paulding county did. not have jurisdiction. Dpon that judgment the plaintiff assigned error.
In actions which are strictly personal, where the interests of third persons are not affected, a defendant may ordinarily waive the jurisdiction over his person, where the court has jurisdiction
Judgment affirmed.