Legal Opinion

Pitts v. Pitts

Supreme Court of Georgia

Decided December 17, 1915PublishedCited by 6 opinions

Temporary alimony. Before Judge Bartlett. Haralson superior court. April 2Í, 1915. " Mary Pitts, alleging herself to be "the wife of Julius ■ Pitts, brought against him a petition'addressed"''to the judge -(naming 'him) of the superior court of Haralson county, which, after' setting forth the'date of the'marriage, alleges, that on a given date the husband abandoned the wife without cause, and has continued.to reside apart from her, and has failed and refused to ■ contribute…

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Temporary alimony. Before Judge Bartlett. Haralson superior court. April 2Í, 1915. " Mary Pitts, alleging herself to be "the wife of Julius ■ Pitts, brought against him a petition'addressed"''to the judge -(naming 'him) of the superior court of Haralson county, which, after' setting forth the'date of the'marriage, alleges, that on a given date the husband abandoned the wife without cause, and has continued.to reside apart from her, and has failed and refused to ■ contribute towards her support, although he is amply able to- support her in comfort; that they are living in a bona fide state of…

1Opinion of the CourtBeck, J.

(After stating the foregoing facts.) We are of the opinion that the court erred in granting the order and judgment excepted to in this case. There is no allegation in the petition that there was pending a suit for divorce, or a suit for permanent alimony; and in the absence of a showing that there was a suit, either for divorce or permanent alimony, the application for temporary alimony could not be maintained. In the case of Stallings v. Stallings, 127 Ga. 464 (56 S. E. 469, 9 L. R. A. (N. S.) 593), it was said: “In order for a jpdge at chambers to have jurisdiction to hear an application…

2Cases cited2 opinions

  1. Stallings v. StallingsSupreme Court of Georgia · 1907
  2. Yoemans v. YoemansSupreme Court of Georgia · 1887

3Cited by6 opinions

  1. Sellers v. SellersSupreme Court of Georgia · 1932
  2. Combs v. CombsSupreme Court of Georgia · 1916
  3. Wilson v. WilsonSupreme Court of Georgia · 1930
  4. Whaley v. WhaleySupreme Court of Georgia · 1951
  5. Wilson v. WilsonSupreme Court of Georgia · 1930

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