Smith v. Smith
Supreme Court of Georgia
Action for alimony. Before Judge IQmsey. Hall superior court. July. 29, 1910. Mrs. M. L. Smith brought her petition against her husband, H. H. Smith, for permanent alimony for the support of herself and her four minor children.
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Action for alimony. Before Judge IQmsey. Hall superior court. July. 29, 1910. Mrs. M. L. Smith brought her petition against her husband, H. H. Smith, for permanent alimony for the support of herself and her four minor children. It was alleged that the petitioner and her husband were living in a bona fide state of separation, and that she had been abandoned by her husband against her will and without any fault on her part; no action for divorce was pending, but her husband had filed an action against her for divorce, and a- verdict in her favor was rendered by the jury upon the trial of the…
1Opinion of the CourtBeck, J.
This case, which in its inception was a suit for alimony, was converted by the amendment filed at the trial term into a complaint upon account. No objection to the filing of the amendment on-the ground that it was a new cause of action seems to have been interposed. Under the testimony of the plaintiff and the written agreement signed by Mrs. Smith, which was attached to her declaration, it must have become apparent that the suit could not be maintained for the allowance of alimony for herself. She had expressly, before the institution of this suit, relinquished, for a consideration, all…
2Cases cited1 opinion
- Brown v. BrownSupreme Court of Georgia · 1909
3Cited by7 opinions
- Garrett v. GarrettSupreme Court of Georgia · 1931
- Kirby v. JohnsonSupreme Court of Georgia · 1939
- Allen v. AllenSupreme Court of Georgia · 1972
- Lowery v. BrowningSupreme Court of Georgia · 1956
- Southern Railway Co. v. NeeleyCourt of Appeals of Georgia · 1960
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