Ray v. Ray
Supreme Court of Georgia
Application for alimony, etc. Before Judge Smith. Telfaii superior court. August 1, 1898.' The wife brought a libel for divorce, on the ground of cruel treatment by the defendant in accusing her of having committed adultery. Pending this suit she applied for temporary alimony and counsel fees. She testified that she separated from the de fendant because of this accusation, and that the accusation was made to T. J. Smith, W. L.'Smith, John May, and others.
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Application for alimony, etc. Before Judge Smith. Telfaii superior court. August 1, 1898.' The wife brought a libel for divorce, on the ground of cruel treatment by the defendant in accusing her of having committed adultery. Pending this suit she applied for temporary alimony and counsel fees. She testified that she separated from the de fendant because of this accusation, and that the accusation was made to T. J. Smith, W. L.'Smith, John May, and others. She was innocent of the charge, and did not do any act to cause her husband to “think wrong” of her. His first intimation of the matter to…
1Opinion of the CourtLewis, J.
1. It appears from the record in this case, that the judge heard and passed upon the application for temporary alimony in vacation. It does not appear that any objection was made to the hearing in vacation, nor that the judge refused the .alimony for want of jurisdiction to grant the same out of term. It is insisted, however, by counsel for defendant in error, *263that where a suit for divorce is pending, application for temporary alimony can only be made and heard in term time, and § 2457 of the Civil Code is relied upon to sustain this position. By virtue, however, of the act of 1870, codified…
2Cases cited3 opinions
- Myrick v. MyrickSupreme Court of Georgia · 1881
- Glass v. WynnSupreme Court of Georgia · 1886
- Bender v. BenderSupreme Court of Georgia · 1896
3Cited by11 opinions
- Coley v. ColeySupreme Court of Georgia · 1907
- Wilkinson v. WilkinsonSupreme Court of Georgia · 1924
- Pepper v. PepperSupreme Court of Georgia · 1930
- Mell v. MellSupreme Court of Georgia · 1940
- Adams v. AdamsSupreme Court of Georgia · 1941
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