Legal Opinion

Wise v. Wise

Supreme Court of Georgia

Decided September 26, 1923No. Nos. 3397, 3418PublishedCited by 32 opinions

Divorce and alimony. Before Judge Malcolm D. Jones. Bibb superior court. August 8, 16,, 1922. The exceptions in these two cases raise questions as to whether a new trial should have been granted after a second verdict for the plaintiff in a suit for divorce and permanent alimony, and questions as to an appropriate decree based on such verdict.

Read the full summary

Divorce and alimony. Before Judge Malcolm D. Jones. Bibb superior court. August 8, 16,, 1922. The exceptions in these two cases raise questions as to whether a new trial should have been granted after a second verdict for the plaintiff in a suit for divorce and permanent alimony, and questions as to an appropriate decree based on such verdict. The assignments of error relate exclusively to the matter of amount of alimony that should have been allowed the plaintiff, and the form of the -decree in respect to the interest of the wife in the property awarded her by the jury and her ¡lower of…

1Opinion of the CourtAtkinson, J.

1, 3. The rulings announced in the first and third headnotes do not require elaboration.

2. The verdict granted an absolute divorce between the parties, and awarded permanent alimony to the wife. ' Specific property, consisting of realty, negotiable securities, and a certain amount of money, was awarded to the wife by the jury, “as permanent alimony.” As to all that property the decree restricted the enjoyment of the wife to income therefrom during her life. The decree should carry the verdict into effect, not destroy it. Civil Code, § 2961; Gilbert v. Gilbert, 151 Ga. 520, 523 (107 S. E.…

2Cases cited11 opinions

  1. Odom v. OdomSupreme Court of Georgia · 1867
  2. Gilbert v. GilbertSupreme Court of Georgia · 1921
  3. Miller v. MillerSupreme Court of Georgia · 1898
  4. Atlanta Savings Bank v. SpencerSupreme Court of Georgia · 1899
  5. Kidd v. HuffSupreme Court of Georgia · 1898

6 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Grimmett v. BarnwellSupreme Court of Georgia · 1937
  2. Brown v. FarkasSupreme Court of Georgia · 1943
  3. Ramsay v. SimsSupreme Court of Georgia · 1952
  4. Berry v. BerrySupreme Court of Georgia · 1951
  5. Heflinger v. HeflingerSupreme Court of Georgia · 1926

27 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API