Schooler v. Schooler
Supreme Court of Georgia
Practice in Superior Court. Jurisdiction. Equity. Divorce. Husband and Wife. Before Judge Eain. Bartow Superior Court. January Term, 1886. On November 11,1884, Mary A. Schooler filed her petition, addressed to the. superior court of Bartow county, alleging, in brief, as follows: On July 18, 1861, she was married to James B. Schooler, and they have had nine children born to them, of whom six are still living. She has in every way demeaned herself dutifully.
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Practice in Superior Court. Jurisdiction. Equity. Divorce. Husband and Wife. Before Judge Eain. Bartow Superior Court. January Term, 1886. On November 11,1884, Mary A. Schooler filed her petition, addressed to the. superior court of Bartow county, alleging, in brief, as follows: On July 18, 1861, she was married to James B. Schooler, and they have had nine children born to them, of whom six are still living. She has in every way demeaned herself dutifully. Since the war, the husband has not seemed to take much interest in the family, or to be in earnest about recovering from the effects of…
1Opinion of the Court
Blandford, Justice.
The only question presented by this record is this: Can the superior court, in its exercise of chancery power, grant a divorce, under the constitution and laws of this State ? In this case, the application for divorce was, as provided by the code, by petition, and the extraordinary remedy for injunction was prayed for and granted.
The constitution provides that the superior courts shall have exclusive jurisdiction in divorce cases, and also in equity cases. Art. 6, sec. 4, par. 1, constitution, code, §5139. And by sec. 15, par. 1, code, §5165, it is declared that no total…
2Cited by3 opinions
- Evans v. EvansSupreme Court of Georgia · 1940
- Stephens v. StephensSupreme Court of Georgia · 1929
- Wells v. WellsSupreme Court of Georgia · 1903