Wardlaw v. Wardlaw
Supreme Court of Georgia
Divorce. Alimony. Decided by Judge Clark. Sumter Superior Court. April Term, 1869. In 1866 Wardlaw married a widow who had a minor son. In 1867 she sued him for a divorce, upon the ground of cruel treatment, by compelling her to work in inclement weather, and at labor too severe for one of her delicate constitution, and by not providing for her support.
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Divorce. Alimony. Decided by Judge Clark. Sumter Superior Court. April Term, 1869. In 1866 Wardlaw married a widow who had a minor son. In 1867 she sued him for a divorce, upon the ground of cruel treatment, by compelling her to work in inclement weather, and at labor too severe for one of her delicate constitution, and by not providing for her support. Upon the first application therefor, Judge "Vason, then presiding, “ ordered that the Court, at present, declines to grant to the plaintiff any alimony or counsel fee.” Afterwards, in October, 1867, he ordered Wardlaw to pay to her counsel $50…
1Opinion of the Court
McCay. J.
1. The witness shown to be absent, was a very material witness. Indeed, if the whole case is in the record, and the statement as to what this witness would prove is true, he seems to be about the only one, except the parties, who'knows much about the matter. He is stated to have been personally conversant with the mutual conduct of the parties, and to have been present at the separation.
Whilst the granting or refusal of alimony is in the discretion of the Court, still that discretion is not the mere whim or notion of the Court. It is to be founded on evidence, and is to be exercised…
2Cited by4 opinions
- Williams v. WilliamsSupreme Court of Georgia · 1902
- Andrews v. SimmsSupreme Court of Arkansas · 1878
- Langston v. LangstonSupreme Court of Georgia · 1939
- Langston v. LangstonSupreme Court of Georgia · 1939