Carlton v. Carlton
Supreme Court of Georgia
Alimony. Imprisonment for Debt. Contempt. Before Judge Hopkins. Fulton County. Chambers. July, 1871. Said parties married in March, 1869. In July, 1870, she sued him for a divorce, a vinculo matrimonii. The ground was cruel treatment.
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Alimony. Imprisonment for Debt. Contempt. Before Judge Hopkins. Fulton County. Chambers. July, 1871. Said parties married in March, 1869. In July, 1870, she sued him for a divorce, a vinculo matrimonii. The ground was cruel treatment. She appended to her libel a schedule of his real property, valued at $5,600 00, and of personalty, valued at about $250 00. In August, 1870, Judge Lochrane, then presiding, granted her $30 00 per month from the 1st of June, 1870, the date of separation, for temporary alimony, and $150 00 cash, as counsel fees. He took the matter to the Supreme Court for review.…
1Opinion of the Court
McCay, Judge.
1. The granting of temporary alimony in a divorce case is specially in the discretion of the Judge. The statute, Code, sections 1733, 1736, clothes him with power to examine into the whole matter, and to grant such alimony or to refuse, accordingly, as, from the circumstances of the separation and the ability of the parties, he shall judge proper. His judgment is not even final, but is, at any time, open to modification and re-examination by him. The nature, too, of the case demands that the affair shall be specially in his control, since the very daily sustenance of the wife is…
2Cited by46 opinions
- Cunningham v. CunninghamTexas Supreme Court · 1931
- Robertson v. StateAlabama Court of Appeals · 1924
- Barclay v. BarclayIllinois Supreme Court · 1900
- Ex Parte DavisTexas Supreme Court · 1908
- Ensley v. EnsleySupreme Court of Georgia · 1977
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