Combs v. Combs
Supreme Court of Georgia
Temporary alimony. Before Judge Walker. Taliaferro superior court. January 12, 1916. Mrs. J. B. Combs filed a suit against Alonzo Combs, in which she alleged, .among other things, that they were married on June 5, 1915, and lived together until June 26, 1915, when he abandoned her; that since the separation he has failed and still refuses to contribute anything towards the support of petitioner and their child, born since the separation; and that no action for divorce is…
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Temporary alimony. Before Judge Walker. Taliaferro superior court. January 12, 1916. Mrs. J. B. Combs filed a suit against Alonzo Combs, in which she alleged, .among other things, that they were married on June 5, 1915, and lived together until June 26, 1915, when he abandoned her; that since the separation he has failed and still refuses to contribute anything towards the support of petitioner and their child, born since the separation; and that no action for divorce is pending. The prayer was, “that the allegations therein be inquired into, and, if it should appear proper upon the hearing,…
1Opinion of the CourtAtkinson, J.
“An application for temporary alimony must be’ based on a pending suit for divorce or for permanent alimony. In the present ease the' petition was one merely for temporary alimony, and did not give the judge jurisdiction at chambers, in the absence of a showing that there was a suit for divorce or for permanent alimony pending, to allow temporary alimony.” Pitts v. Pitts, 144 Ga. 423 (87 S. E. 391).
(а) The ruling just stated going to the jurisdiction of the court relating to the subject-matter, it was not too late to raise the question for the first time by excepting to the judgment.
(б)…
2Cases cited1 opinion
- Pitts v. PittsSupreme Court of Georgia · 1915
3Cited by5 opinions
- Sellers v. SellersSupreme Court of Georgia · 1932
- Mason v. MasonSupreme Court of Georgia · 1921
- Wilson v. WilsonSupreme Court of Georgia · 1930
- Whaley v. WhaleySupreme Court of Georgia · 1951
- Pelot v. PelotSupreme Court of Georgia · 1942