Godfrey v. Godfrey
Supreme Court of Georgia
Divorce, from Gordon county. Decision by Judge Crook, at chambers, January 15th, 1859. Maiden A. Godfrey filed her petition against John T. Godfrey, her husband, for a divorce, on the ground of wilful and continued desertion.
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Divorce, from Gordon county. Decision by Judge Crook, at chambers, January 15th, 1859. Maiden A. Godfrey filed her petition against John T. Godfrey, her husband, for a divorce, on the ground of wilful and continued desertion. The petition alleges, that she was married to John T. Godfrey in the year 1851, in the county of Lumpkin, and that in 1854, they removed to the county of Gordon, where they lived together about ten months, when defendant abandoned her, and has never since returned, “but is now living in Lumpkin county, in this State;” and “that said willful and continued desertion has…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
Did the Court below err, in refusing to grant the order for publication ? We think not.
The divorce cases in which, the Court is authorized to grant orders of this kind, are cases in which, the defendants “shall be out of the limits of this State.” Cobb Dig. 224.
Did the evidence in this case, show, that the defendant was out of the limits of this State ? It did not, by any means. It merely showed, that he was out of two counties of the State.
We think, that the application ought to have been accompanied by more evidence than this — by, at least, the…
2Cited by1 opinion
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