Legal Opinion

Potter v. Potter

Supreme Court of Georgia

Decided April 12, 1916PublishedCited by 14 opinions

Attachment for contempt. Before Judge Hardeman. Screven superior court. August 6, 1915. On February 33, 1915, Mrs. Georgia Elizabeth Potter brought an action against her husband, Albert L. Potter, for permanent and temporary alimony and counsel fees, alleging, that they were living in a state of separation brought about by the cruel treatment of her husband toward her; that there were five children of the marriage, who were living with her, and whose custody she desired; and…

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Attachment for contempt. Before Judge Hardeman. Screven superior court. August 6, 1915. On February 33, 1915, Mrs. Georgia Elizabeth Potter brought an action against her husband, Albert L. Potter, for permanent and temporary alimony and counsel fees, alleging, that they were living in a state of separation brought about by the cruel treatment of her husband toward her; that there were five children of the marriage, who were living with her, and whose custody she desired; and that she had no means of support, and was being supported by her sister. The defendant denied the charges of…

1Opinion of the CourtLumpkin, J.

(After stating the foregoing facts.)

This court can not hold that the original order awarding temporary alimony was improvidently granted when it was passed. As to the judgment declaring the defendant to be guilty of contempt and ordering him to be imprisoned if he should fail to pay the amount of alimony past due, amounting to $80, within ten days, and refusing to make any modification of the former order, we feel constrained to hold that the court erred. The evidence on behalf of the defendant showed that he could not then comply with the order for the payment of alimony, and a change in his…

2Cases cited3 opinions

  1. Jennison v. JennisonSupreme Court of Georgia · 1911
  2. Pinckard v. PinckardSupreme Court of Georgia · 1857
  3. Wester v. MartinSupreme Court of Georgia · 1902

3Cited by14 opinions

  1. Robertson v. RobertsonSupreme Court of Georgia · 1951
  2. Lightfoot v. LightfootSupreme Court of Georgia · 1919
  3. Reese v. ReeseSupreme Court of Georgia · 1939
  4. Banda v. BandaSupreme Court of Georgia · 1941
  5. Blalock v. BlalockSupreme Court of Georgia · 1958

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