Legal Opinion

Kendrick v. Kendrick

Supreme Court of Georgia

Decided July 21, 1898PublishedCited by 4 opinions

Application for temporary alimony. Before Judgé Gober. Cobb superior court. April 2, 1898. The only evidence introduced at the hearing was the testimony of the plaintiff, and that of her attorney.

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Application for temporary alimony. Before Judgé Gober. Cobb superior court. April 2, 1898. The only evidence introduced at the hearing was the testimony of the plaintiff, and that of her attorney. She testified, that she married the defendant in December, 1897, and they lived together at his mother’s house until in April, 1898, when, upon her return from Atlanta, where she had been upon a visit to her mother, she found that the house in which they had- been living was locked, and that her husband and his mother were gone. She tried to get in, but could not. She had been visiting her mother…

1Opinion of the CourtLittle, J.

“Alimony is an allowance out of the husband’s estate, made for the support of the wife when living separate from him.” Civil Code, §2456. And “on the hearing of an application for alimony pending a libel for divorce by the husband against the wife, the fact of the marriage and the ability of the husband to support his wife as she had been accustomed to live'with him, were controlling questions.” Jenkins v. Jenkins, 69 Ga. 483. Counsel fees áre. allowed as a part-of her necessary maintenance. On the hearing of an application for temporary alimony, the merits of the cause are not in issue.…

2Cases cited1 opinion

  1. Jenkins v. JenkinsSupreme Court of Georgia · 1882

3Cited by4 opinions

  1. Davis v. DavisSupreme Court of Georgia · 1910
  2. Williams v. WilliamsSupreme Court of Georgia · 1902
  3. State ex rel. Surry v. Superior CourtWashington Supreme Court · 1913
  4. McNeil v. McNeilSupreme Court of Georgia · 1922

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