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ROBERTS v. ROBERTS

Supreme Court of Georgia1946-10-09No. No. 15595
201 Ga. 357

Summary

Holding. The judgment is affirmed. A court may properly render judgment on matters for which pleadings exist in the clerk's office files, even if those pleadings are not physically present in the courtroom, because the court may take judicial notice of its own records to ascertain the issues made and determined.

Mary Elizabeth Roberts sought a divorce and alimony against Vivian H. Roberts Jr. A rule nisi was issued requiring the defendant to show cause why he should not pay temporary alimony and counsel fees, with a hearing scheduled for June 28, 1946. Although the pleadings and court records were filed in the clerk's office rather than physically present in the courtroom during the hearing, the court took judicial notice of its own records, which clearly showed the issues before it and the relief sought.

The defendant challenged the judgment as invalid, arguing that pleadings cannot be waived even with consent. The court rejected this argument, distinguishing cases involving a complete absence of pleadings. Here, the pleadings existed in the clerk's files and were available for the court's review. Since the court had judicial knowledge of the issues through its own records, and the judgment clearly reflected those issues and the relief requested, the judgment was properly rendered.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Whether pleadings must be physically present in the courtroom for a valid judgment
  • Whether a court may take judicial notice of its own records filed in the clerk's office
  • Whether absence of pleadings from the courtroom invalidates a judgment when the pleadings exist in court files
  • Sufficiency of the record to show conformity between verdict and pleaded issues

Procedural posture

The plaintiff in error (defendant below) appealed a judgment granting temporary alimony and attorney's fees, challenging its validity on the ground that pleadings were not presented in the courtroom.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Duckworth, Justice.

(After stating the foregoing facts.) The plaintiff in error, in order to show the alleged invalidity of the judgment complained of, cites and relies upon authorities that pleadings may not be dispensed with even with the consent of the parties. Code (Ann. Supp.), § 24-3340; Central Bank of Georgia v. Johnson, 56 Ga. 225; Hicks v. Marshall, 67 Ga. 713; Martin v. Nichols, 127 Ga. 705, 709 (56 S. E. 995). These rulings, however, relate to instances where there is a total absence of pleadings, not merely in the courtroom but in the proper depository of the court, the files in the office of the clerk of the court. In such cases it can not be ascertained from the verdict or judgment whether or not it conforms to issues made by pleadings, and, as was said in Central Bank of Georgia v. Johnson, supra, “The public interest requires that the records of the court should show what issues have been made and determined therein for the protection of the rights of the citizens of the State.” Obviously the rulings in the cited cases have no application to the facts of the present case. Here it is admitted that all the pleadings and records were in the files in the office of the clerk of the court, though not before the presiding judge or in the courtroom. Those papers, as appears from the record here, would show upon examination that Mrs. Mary Elizabeth Roberts, in an action against Vivian H. Roberts Jr. for divorce, was also seeking permanent and temporary alimony. They would also show that a rule nisi had been issued for the defendant to show cause on June 28, 1946, why he “should not be required to pay temporary alimony and counsel fees to the plain tiff, Mrs. Mary E. Roberts, pending the final hearing.” It is settled law that a court will take judicial notice of its own records in the immediate case or proceedings before it. Frank v. State, 142 Ga. 741, 761 (83 S. E. 645, L. R. A. 1915 D, 817); Branch v. Branch 194 Ga. 575, 577 (22 S. E. 2d, 124); 20 Am. Jur. 104, § 86. Hence, when the application for alimony came on for a hearing on June 28, 1946, the date specified in the rule nisi, the court knew judicially the issueswhich were made by the pleadings and upon which evidence was introduced. It is not contended that there was any other litigation pending between the parties, and the order granting temporary alimony and attorney’s fees states the case as “Mrs. Mary E. Roberts v. Vivian H. Roberts Jr.,” number 10202, and recites that the hearing was had on June 28, 1946, all of which conforms to the original petition for divorce and alimony in the files of the office of the clerk of the court and the rule nisi issued in response to the petitioner’s prayer. Since the pleadings and records in the office of the clerk, of which the court had judicial notice, and the judgment rendered show clearly the issues made and determined, the contention that the judgment is illegal, void, and contrary to law is without merit.

Judgment affirmed.

All the Justices concur.