Swearingen v. Swearingen
Supreme Court of Georgia
Application for temporary alimony, in Baker Superior Court. Decision by Judge Perkins, November Term, 1855. Thomas Swearingen alleged, in reply to a motion for alimony, that the libel for divorce was filed without the knowledge or consent of the libellant. An issue was joined on this allegation. Defendant demanded a Jury to try the same, which being refused, is assigned as error.
Read the full summary
Application for temporary alimony, in Baker Superior Court. Decision by Judge Perkins, November Term, 1855. Thomas Swearingen alleged, in reply to a motion for alimony, that the libel for divorce was filed without the knowledge or consent of the libellant. An issue was joined on this allegation. Defendant demanded a Jury to try the same, which being refused, is assigned as error. Libellant offered as witnesses, two of the sons-in-law of the parties; objection, that they were interested ; over-ruled by the Court, and assigned as error. It was proved that libellant was old and afflicted with…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The first error assigned is, that the fact should have-been submitted to a Jury, to find as to whether or not this action was brought by the plaintiff?
To entitle the libellant to temporary alimony, two things are necessary: marriage and a suit for divorce. Ordinarily,, no inquiry is made as to the authority of Counsel to bring the action. Attorneys are sworn officers of the Court; and as such, amenable for professional misconduct. Their character is usually a sufficientjguaranty that they are not barra- *267' tors. But some suspicion having been…
2Cited by10 opinions
- Williams v. WilliamsSupreme Court of Georgia · 1902
- Gaulding v. GauldingSupreme Court of Georgia · 1937
- Underwood v. UnderwoodSupreme Court of Florida · 1868
- Carroll v. CarrollSupreme Court of Louisiana · 1896
- Brown v. BrownSupreme Court of Georgia · 1924
5 more not listed; retrieve them via the Exa API.