dissenting.
In my opinion the public policy requiring that divorces shall only be granted upon the appearance and oral testimony of the complainant has not been altered by the statute authorizing divorces on the ground that they are irretrievably broken.
As stated in Reynolds v. Reynolds, 217 Ga. 234, 249 (123 SE2d 115): "It is the duty of the court in all divorce cases to stand as a representative of the State and protect its interests. Yeager v. Yeager, 43 Ind. App. 313 (87 NE 144). But, how can this be done when the complaining party does not appear and orally testify. Under such circumstances, the court is denied the right of cross examination, and also the opportunity to observe the manner and demeanor of the witness while testifying. 'The power of cross examination has been justly said to be one of the principal, as it certainly is one of the most efficacious, tests, which the law has devised for the discovery of truth.’ Greenleaf Evid. (16th Ed.) § 446. Experience has demonstrated that one of the surest ways to determine the credibility of any witness is to observe the manner and demeanor of that witness on the stand. Without this opportunity to observe, the court is unable to determine the just weight and value of the testimony. In order that the trial court may discharge fully and completely its duty to the State, there must be the personal appearance of the plaintiff at the hearing. (Italics ours).”
I am authorized to state that Presiding Justice Nichols and Justice Ingram concur in this dissent.