Legal Opinion

Lamar v. Lamar

Supreme Court of Georgia

Decided August 4, 1905PublishedCited by 12 opinions

Ne exeat. Before Judge Pendleton. Fulton superior court. May 25, 1905. L. L. Lamar brought suit against her husband, Rufus Lamar, for permanent alimony, and made application for temporary alimony.

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Ne exeat. Before Judge Pendleton. Fulton superior court. May 25, 1905. L. L. Lamar brought suit against her husband, Rufus Lamar, for permanent alimony, and made application for temporary alimony. She also prayed the superior court for a writ of ne exeat, alleging that her husband was receiving a good income from his labor, amounting to about twenty dollars per month; that he had abandoned her by forcing her to leave his place of residence without cause; that she was without means of support-; and that he was preparing and threatening- to leave the State to -avoid supporting her and their…

1Opinion of the CourtLumpkin, J.

Under the English practice the writ of ne exeat regno was a prerogative writ which issued to prevent a person frona leaving the realm. In America it has been treated, not as a prerogative writ, but as a writ of right in the cases in which it is properly grantable. In regard to alimony the practice of granting the writ has sometimes been said to have arisen from compassion, and because the ecclesiastical courts could not take bail. . But the truer ground on which equitable interference arose would seem to be, that, although alimony was not strictly an equitable debt, yet the ecclesiastical'…

2Cases cited7 opinions

  1. Carlton v. CarltonSupreme Court of Georgia · 1871
  2. Lewis v. LewisSupreme Court of Georgia · 1888
  3. Gibson v. PattersonSupreme Court of Georgia · 1885
  4. McGee v. McGeeSupreme Court of Georgia · 1850
  5. Yoemans v. YoemansSupreme Court of Georgia · 1887

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Carnes v. CarnesSupreme Court of Georgia · 1912
  2. Hammons v. EisertMissouri Court of Appeals · 1988
  3. Pepper v. PepperSupreme Court of Georgia · 1930
  4. Lomax v. LomaxSupreme Court of Georgia · 1933
  5. May v. MaySupreme Court of Georgia · 1917

7 more not listed; retrieve them via the Exa API.

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