Morgan v. Morgan
Supreme Court of Georgia
Application for temporary alimony. Before Judge Cobb. Gwinnett superior court. February 9, 1918. Guerry Morgan filed his libel for divorce against Hattie Morgan, alleging that “on the 14th day of July, 1917, plaintiff and defendant intermarried and have ever since been and are now husband and wife.” He set forth certain acts of cruel treatment, alleged that the parties have no child, and prayed for a total divorce.
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Application for temporary alimony. Before Judge Cobb. Gwinnett superior court. February 9, 1918. Guerry Morgan filed his libel for divorce against Hattie Morgan, alleging that “on the 14th day of July, 1917, plaintiff and defendant intermarried and have ever since been and are now husband and wife.” He set forth certain acts of cruel treatment, alleged that the parties have no child, and prayed for a total divorce. The libellee denied the alleged acts of cruel treatment, set forth excuses for the acts averred as amounting to cruel treatment, charged cruel treatment upon the part of the…
1Opinion of the CourtBeck, P. J.
(After stating the foregoing facts.) We are of the opinion that the court properly refused to allow alimony in this case. The defendant in the cross-petition was under seventeen years of age at the time of the marriage, and is still under that age. He could not, therefore, contract marriage, and has not yet reached an age where he can by his acts or declarations ratify and make perfect the inchoate marriage. Civil Code, § 2931; Americus Gas &c. Co. v. Coleman, 16 Ga. App. 17 (84 S. E. 493); Crapps v. Smith, 9 Ga. App. 400 (71 S. E. 501); Smith v. Smith, 84 Ga. 440 (11 S. E. 496, 8 L. R. A.…
2Cases cited3 opinions
- Smith v. SmithSupreme Court of Georgia · 1890
- Americus Gas & Electric Co. v. ColemanCourt of Appeals of Georgia · 1915
- Crapps v. SmithCourt of Appeals of Georgia · 1911
3Cited by25 opinions
- Peacock v. PeacockSupreme Court of Georgia · 1943
- Foster v. FosterSupreme Court of Georgia · 1934
- Brown v. BrownSupreme Court of Georgia · 1975
- Reed v. ReedSupreme Court of Georgia · 1947
- Christopher v. ChristopherSupreme Court of Georgia · 1944
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