Clifton Lee Taylor, Jr., filed suit in Fulton County Superior Court against Mrs. Jean Bethke, seeking to modify a decree of said court respecting custody of two minor children and the payment of alimony. The petition alleged that the defendant was a resident of the State of Wisconsin, and that the children resided there with her. Defendant was served by publication. She filed a motion to dismiss upon the ground that the Superior Court of Fulton County had no jurisdiction of the case, as it pertained to a change of custody of children and the modification of an alimony decree. The court below sustained the plea to the jurisdiction as to the change of custody, but held that the Superior Court of Fulton County did have jurisdiction to modify the alimony decree. To the ruling to the effect that the Superior Court of Fulton County had jurisdiction to modify the alimony decree, the defendant excepted and brings her writ of error to review the judgment as to this ruling. Held:

2. The plaintiff in error, however, insisted in the court below and insists in this court, "That, if plaintiff's petition herein is construed as being brought under the provisions of Georgia Code, sec. 30-220 et seq. which Code sec. 30-220 is as follows, . . . then said Code, sec. 30-220 as thus construed and applied is unconstitutional and void . . .," as being in conflict with specified sections of the Constitution of the United States and with specified sections of the Constitution of Georgia for stated reasons. There is no Code 30-220 in the official Code of 1933. Any ruling we would make upon the constitutionality of Code 30-220 of the Annotated Code, which has never been enacted or adopted by the legislature--which is necessary for it to become law--would in no way affect the 1955 act (Ga. L. 1955, p. 630) from which Code (Ann.) 30-220 was taken. Any ruling we should make, therefore, would be a useless and futile gesture and would benefit no one. We therefore decline to rule upon the constitutionality of a purely private Code. Moran v. Todd, 214 Ga. 497 (106 S. E. 2d 37).

3. Since Code (Ann.) 81-207.1 deals with service in other than divorce cases, and since Code 81-204 deals with service in equity cases, neither is involved in the instant case, and the attempt to question their constitutionality presents no question for decision by this court.

4. From what has been said above, the judgment of the trial court was not error for any reason assigned.