Legal Opinion

Tillinghast v. Clay

Supreme Court of Georgia

Decided February 21, 1922No. 2485PublishedCited by 12 opinions

Equitable petition. Before Judge Blair. Cobb superior court. January 31, 1921. At the March term, 1918, of the superior court of Cobb county, the plaintiff in error obtained a divorce from the defendant in error.

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Equitable petition. Before Judge Blair. Cobb superior court. January 31, 1921. At the March term, 1918, of the superior court of Cobb county, the plaintiff in error obtained a divorce from the defendant in error. The decree taken in the case provided that the defendant in error should pay the plaintiff in error the sum of $25 per month as permanent alimony for herself so long as she remained a widow, and also should pay to her the sum of $25 per month as permanent alimony for the support of the minor son of the said parties. The decree further provided, that, in the event of the remarriage of…

1Opinion of the CourtBuck, P. J.

(After stating the foregoing facts.) We are of the opinion that even if the proceeding brought by the plaintiff in error in the superior court of Cobb county, in which she sought to obtain a rule against the defendant in error for a failure to pay the money alleged to be due as alimony and support of the minor child, was such a pending proceeding that it would authorize the superior court of Cobb county to take jurisdiction for the purpose of affording relief upon the prayers of an equitable petition showing proper grounds for relief, nevertheless the demurrer to the present equitable…

2Cited by12 opinions

  1. Fortson v. FortsonSupreme Court of Georgia · 1943
  2. Graig v. CraigSupreme Court of Florida · 1946
  3. Hardy v. HardyDistrict Court of Appeal of Florida · 1960
  4. Stewart v. StewartSupreme Court of Georgia · 1962
  5. King v. KingSupreme Court of Georgia · 1947

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