Legal Opinion

Price v. Price

Supreme Court of Georgia

Decided August 27, 1892PublishedCited by 10 opinions

Husband and wife. Divorce. Alimony. Injunction. Parties. Practice. Amendment. Before Judge Janes. Haralson county. At chambers, Mrs. Price by her original petition alleged: She and her husband have three children, naming them. Her husband has treated her cruelly, has often during the last six months come home in a drunken and mad condition, breaking furniture and cursing, beating and abusing her and the children.

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Husband and wife. Divorce. Alimony. Injunction. Parties. Practice. Amendment. Before Judge Janes. Haralson county. At chambers, Mrs. Price by her original petition alleged: She and her husband have three children, naming them. Her husband has treated her cruelly, has often during the last six months come home in a drunken and mad condition, breaking furniture and cursing, beating and abusing her and the children. He continued this course of conduct until April 5, 1892, when he abandoned her and the children without any cause being given by her, leaving them in a destitute and helpless…

1Opinion of the Court

*245 Judgment affirmed.

On the interlocutory hearing defendants submitted their answer and a demurrer; the answer of Price, among other things, asking that he be awarded the custody of the children. After examining the demurrer, plaintiff by leave of the court amended her petition by striking therefrom her application for divorce. Defendants then objected to a further consideration of the case, for the reason that there was nothing left in the petition on which to base a hearing or order, maintaining that, if incident to the divorce suit, the application for alimony went out of court with it, and…

2Cited by10 opinions

  1. Stallings v. StallingsSupreme Court of Georgia · 1907
  2. Estes v. EstesSupreme Court of Georgia · 1941
  3. Roberts v. RobertsSupreme Court of Georgia · 1970
  4. Thompson v. ThompsonSupreme Court of Georgia · 1945
  5. Kirchman v. KirchmanSupreme Court of Georgia · 1956

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