Roseberry v. Roseberry
Supreme Court of Georgia
■' Divorce and alimony, in'Stewart Superior Court. Decision by Judge Craweord, October Term, 1854. Catherine Roseberry’s libel for divorce stated, as grounds, adultery and cruel treatment. An application being made for temporary alimony, James Roseberry made answer, that though married in fact to libellant, the marriage was void, in law, because she had a living husband at the time of the marriage, and who is still alive.
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■' Divorce and alimony, in'Stewart Superior Court. Decision by Judge Craweord, October Term, 1854. Catherine Roseberry’s libel for divorce stated, as grounds, adultery and cruel treatment. An application being made for temporary alimony, James Roseberry made answer, that though married in fact to libellant, the marriage was void, in law, because she had a living husband at the time of the marriage, and who is still alive. On the hearing, he proposed to prove these facts, and prayed a Jury to determine this preliminary issue. The Court refused the motion, and granted the application for…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
The Court below seemed to think that the plaintiff in error, in his answer to the petition for alimony, had admitted his marriage with the defendant in error; for such admission is assigned as a reason why the Court should adopt the rule, that upon proof of marriage, and suit for divorce, alimony will be decreed, almost as matter of course.
*140This rule is correctly stated. It obtained in the Ecclesiasti] cal Courts, (Mayhew vs. Mayhew, 1 Ecc. R. 166,) and we have adopted it in this State. (McGee vs. McGee, 10 Ga. R. 488. Methvin vs. Methvin, 15 Ga.…
2Cases cited1 opinion
- Methvin v. MethvinSupreme Court of Georgia · 1854
3Cited by3 opinions
- Reed v. ReedSupreme Court of Georgia · 1947
- Williams v. WilliamsSupreme Court of Georgia · 1902
- Lockhart v. LockhartSupreme Court of Georgia · 1955