Allen v. Allen

Jknkins, Justice.

1. Under the unambiguous terms of the Code, § 30-213, a proceeding by a wife living separate from her husband, for alimony alone, “shall be in abeyance when a petition for divorce shall be filed bona fide by either party, and the judge . . shall have made his order on the motion for alimony, and when so made, such order shall be a substitute for [any previous] decree in equity, as long as said petition shall be pending and not finally disposed of on the merits.” See Evans v. Evans, 191 Ga. 752 (14 S. E. 2d, 95); Higgs v. Higgs, 144 Ga. 20 (2-a) (85 S. E. 1041). Where, on a…