Davis v. Davis
Supreme Court of Georgia
Rule for contempt. Before Judge Rawlings. Screven superior court. September 9, 1911. Mrs. Lecie Davis filed her petition for divorce against her husband, J. A. Davis, on the ground of cruel treatment, and applied for temporary alimony for herself and their minor daughter, who lacked only a few weeks of being 21 years of age. The hearing was before the judge on the sworn petition and answer and the testimony of the plaintiff and defendant.
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Rule for contempt. Before Judge Rawlings. Screven superior court. September 9, 1911. Mrs. Lecie Davis filed her petition for divorce against her husband, J. A. Davis, on the ground of cruel treatment, and applied for temporary alimony for herself and their minor daughter, who lacked only a few weeks of being 21 years of age. The hearing was before the judge on the sworn petition and answer and the testimony of the plaintiff and defendant. A schedule of the defendant’s property was set forth by the plaintiff, who alleged it was worth something like $25,000 or $30,000. ' The defendant did not…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. Attachment for contempt for failure to pay an amount of alimony ordered by the court is a remedial proceeding to enforce its'payment for the benefit of one of the parties to the suit. This proceeding is not a penal process to punish as for contumacious conduct toward the court, but to enforce the payment of the sum ordered but not paid. There is no suggestion in the record that the plaintiff in error was disrespectful or contumacious in his conduct toward the court. In a case of that sort the rule is different from where the attachment for contempt is…
2Cases cited3 opinions
- Cobb v. BlackSupreme Court of Georgia · 1865
- Stokes v. StokesSupreme Court of Georgia · 1906
- Gray v. GraySupreme Court of Georgia · 1907
3Cited by46 opinions
- Seals v. StateSupreme Court of Georgia · 2021
- Ensley v. EnsleySupreme Court of Georgia · 1977
- Carson v. EnnisSupreme Court of Georgia · 1917
- Garland v. State of GeorgiaCourt of Appeals of Georgia · 1960
- Foster v. FosterSupreme Court of Georgia · 1934
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