Legal Opinion

Cason v. Cason

Supreme Court of Georgia

Decided May 15, 1854No. 55PublishedCited by 9 opinions

Divorce, in Elbert Superior Court. Tried before Judge Gibson, September adjourned Term, 1853. Sarah Cason commenced her libel for divorce, against John Cason. Pending the suit, she applied for temporary alimony, which was granted by the Court. John Cason failed to comply with the order; and refusing to excuse himself therefor, was at-, tached by the Court, for a contempt, and the Sheriff ordered, to arrest and imprison him.

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Divorce, in Elbert Superior Court. Tried before Judge Gibson, September adjourned Term, 1853. Sarah Cason commenced her libel for divorce, against John Cason. Pending the suit, she applied for temporary alimony, which was granted by the Court. John Cason failed to comply with the order; and refusing to excuse himself therefor, was at-, tached by the Court, for a contempt, and the Sheriff ordered, to arrest and imprison him. When the libel for divorce came on to be heard, counsel for libellant objected to the counsel for the defendant being heard, so long as the defendant stood in contempt of…

1Opinion of the Court

By the Court.

Lumukin, J.,

delivering the opinion.

[1.] This was a libel for divorce, brought by Sarah Cason against John Cason, her husband. When it was called -for trial, counsel for plaintiff announced themselves ready. The Court inquired if the defendant was ready; whereupon, counsel for plaintiff insisted that the defendant should not bo heard, because he had not paid the temporary alimony allowed by the Court in the case, and thereby stood in contempt of the Court. Upon the application of the plaintiff’s counsel, His Honor, Judge Gibson, passed the following order: “ it appearing to the…

2Cited by9 opinions

  1. Lipton v. LiptonSupreme Court of Georgia · 1955
  2. Trough v. TroughWest Virginia Supreme Court · 1906
  3. Brown v. BrownSupreme Court of Georgia · 1937
  4. Coker v. NormanSupreme Court of Georgia · 1926
  5. Hutchinson v. HutchinsonOregon Supreme Court · 1928

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