Weaver v. Weaver
Supreme Court of Georgia
Motion to rescind an order granting temporary alimony and counsel fees, in Baker Superior Court. Decided by Judge Allen, in December, 1861. Virginia Weaver instituted a libel for divorce, in Baker Superior Court, against her husband, Anthony G. Weaver.
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Motion to rescind an order granting temporary alimony and counsel fees, in Baker Superior Court. Decided by Judge Allen, in December, 1861. Virginia Weaver instituted a libel for divorce, in Baker Superior Court, against her husband, Anthony G. Weaver. Pending the libel, the Court, on a proper application and showing, granted an order that the defendant pay into Court a certain sum of money to compensate the counsel of the libellant for bringing and prosecuting the libel, and also for the maintenance of the libellant jDending the litigation. Subsequently to the passage of the order, and…
1Opinion of the Court
By the Court. —
Lumpkin, J., delivering tbe opinion.
Sliall the judgment of the Court be affirmed? That the order allowing alimony to the wife should be rescinded, we think quite clear. For a payment to her, after the libel for divorce is dismissed, is nothing but a payment to the husband. He would have the right to receive the money. But counsel fees stand on a different footing, and the only question is: shall counsel be driven to his action at law to recover his fees, or shall the order already passed by the Court for that purpose be enforced? We see no reaspn for compelling counsel to…
2Cited by13 opinions
- Duss v. DussSupreme Court of Florida · 1926
- Roberts v. RobertsSupreme Court of Georgia · 1902
- Maddox v. MaddoxSupreme Court of Alabama · 1964
- Keefer v. KeeferSupreme Court of Georgia · 1913
- Hamby v. PyeSupreme Court of Georgia · 1943
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