Durden v. Durden

Atkinson, Presiding Justice.

A judgment for permanent alimony, rendered without jurisdiction of the subject-matter, is a. mere nullity, and may be so held in any court when it becomes; material to the interest of the parties to consider it. Code, § 110-709; Allen v. Baker, 188 Ga. 696 (4 S. E. 2d, 642).

Jurisdiction of the subject-matter of a suit for permanent-alimony depends on existence of the marital relation at the time-the action is instituted. Allen v. Baker, supra. If after the court-had acquired jurisdiction in a suit for permanent alimony, as in the-instant case, the defendant moved…