Dillon v. Dillon
Supreme Court of Georgia
Husband and wife. Alimony. Estoppel. Before Judge Tompkins. Chatham Superior Court. October Term, 1877. Mrs. Dillon filed a bill against her alleged husband for permanent alimony, under §1747 of the Code. Pending the case, a motion for temporary alimony and counsel fees was submitted.
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Husband and wife. Alimony. Estoppel. Before Judge Tompkins. Chatham Superior Court. October Term, 1877. Mrs. Dillon filed a bill against her alleged husband for permanent alimony, under §1747 of the Code. Pending the case, a motion for temporary alimony and counsel fees was submitted. To this the defendant responded by denying that the complainant was Ms wife, by alleging that he had never contracted marriage with her, by charging that she was a person of African descent, having more than one-eighth of African blood in her veins, and for that reason incapable of contracting lawful marriage…
1Opinion of the Court
Bleckley, Judge.
The points made and argued by counsel are many, but there is one broad principle that holds in its grasp the whole body of the case; that principle is estoppel. The jury found *206in effect, that there was a marriage in fact; and that finding was justified by the array of circumstances tending to establish such a marriage, which the record exhibits. Granting that some of the testimony was of doubtful admissibility, or even clearly inadmissible, enough remains to which no objection can be urged, to warrant the finding. For years and years, Mr. Dillon lived with Mrs. Dillon as his…
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3Cited by12 opinions
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