Bentley v. Bentley
Supreme Court of Georgia
Temporary alimony, etc. Before Judge Summerall. Coffee superior court. May 26, 1919. Mrs. Bentley brought suit for divorce and alimony. Service was made on the defendant personally. The parties consented to the fixing of a time for a hearing. When it came on, a motion made by the defendant to continue was overruled; and while the bill of exceptions contains an assignment of error based on this action, it is expressly abandoned in the brief.
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Temporary alimony, etc. Before Judge Summerall. Coffee superior court. May 26, 1919. Mrs. Bentley brought suit for divorce and alimony. Service was made on the defendant personally. The parties consented to the fixing of a time for a hearing. When it came on, a motion made by the defendant to continue was overruled; and while the bill of exceptions contains an assignment of error based on this action, it is expressly abandoned in the brief. No pleadings were filed by the defendant, but the evidence on the hearing developed the fact that he was only nineteen years old. Iiis counsel thereupon…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) In this State, “to be able to contract marriage, a person must be of sound mind; if a male, at least seventeen years of age, and if a female, at least fourteen years,” and laboring under none of the disabilities pointed out in the Civil Code, § 2391. See also §§ 3008, 4236. In Besore v. Besore, 49 Ga. 378, it was held that an infant married woman may maintain an action-for a divorce; and the decision was based upon the ground that if the wife was of sufficient age under the statute to enter into a marriage contract, there was no good reason why she could…
2Cases cited16 opinions
- Hood v. HoodSupreme Court of Georgia · 1908
- Hinkle v. LovelaceSupreme Court of Missouri · 1907
- Worthy v. WorthySupreme Court of Georgia · 1867
- Miller v. LuckeySupreme Court of Georgia · 1909
- Maryland Casualty Co. v. LanhamSupreme Court of Georgia · 1906
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3Cited by5 opinions
- Phillips v. PhillipsSupreme Court of Georgia · 1947
- Herr v. Humphrey, JudgeCourt of Appeals of Kentucky (pre-1976) · 1935
- Huley v. HuleySupreme Court of Georgia · 1922
- Carroll v. CarrollSupreme Court of Georgia · 1931
- Huley v. HuleySupreme Court of Georgia · 1922