Coley v. Coley
Supreme Court of Georgia
.Application for alimony. Before Judge Martin. Pulaski superior court. June 30, 1906. Mrs. Mary Coley brought suit for temporary and permanent alimony against her husband, B. B. J. Coley, alleging that her husband had driven her away from home without cause; that they were living in a bona fide state of separation; and that she had no means of support for herself and their minor children, except to seek employment as a domestic servant.
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.Application for alimony. Before Judge Martin. Pulaski superior court. June 30, 1906. Mrs. Mary Coley brought suit for temporary and permanent alimony against her husband, B. B. J. Coley, alleging that her husband had driven her away from home without cause; that they were living in a bona fide state of separation; and that she had no means of support for herself and their minor children, except to seek employment as a domestic servant. On the hearing of the application for temporary alimony, she alone testified on her own behalf. Ten witnesses were introduced on behalf of the defense,…
1Opinion of the CourtLumpkin, J.
(After stating the facts).
1. On the call of the case in this court a motion was made to dismiss the writ of error, on the ground that the plaintiff had collected some alimony under the order and had sought to collect more. In support of the motion a letter, bearing date after the filing of the bill of exceptions, from counsel for plaintiff to one of the counsel for defendant, was presented, A statement in it indicated that the plaintiff had collected three or four of the payments ordered to be made for the benefit of the child, and the attorneys urged that other payments which were in arrears…
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