Legal Opinion

Dougherty v. Dougherty

Supreme Court of Georgia

Decided March 19, 1922No. 2793PublishedCited by 10 opinions

Divorce and alimony. Before Judge Ellis. Fulton superior court. July 8, 1921. Mrs. Dougherty brought suit against her husband, for divorce on the ground of cruel treatment, alleging the following facts: That the defendant had worked only twenty-two months during their eight years of married life, had spent most of the time idling around the house, nagging at petitioner, giving the' excuse that if he worked he would have to contribute the more money to support petitioner and…

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Divorce and alimony. Before Judge Ellis. Fulton superior court. July 8, 1921. Mrs. Dougherty brought suit against her husband, for divorce on the ground of cruel treatment, alleging the following facts: That the defendant had worked only twenty-two months during their eight years of married life, had spent most of the time idling around the house, nagging at petitioner, giving the' excuse that if he worked he would have to contribute the more money to support petitioner and their children; that defendant was unnecessarily economical in the matter of living; that the defendant discharged the…

1Opinion of the CourtHilbert, J.

1. The court admitted the following evidence of a witness for the plaintiff, on the trial of a suit for divorce and alimony: “ After 1 came back from my supper we stopped out on the porch a little while, and I told him [defendant] quite frankly I did not believe he had been, quite fair in playing the marriage game.” It was objectionable on the ground that it was a mere opinion, and of no probative value. In view of the character of the evidence submitted by the plaintiff on the trial, this ruling requires a reversal.

2. Cruel treatment, as a ground for divorce, is the “ wilful infliction of *488pai…

2Cases cited4 opinions

  1. Ring v. RingSupreme Court of Georgia · 1903
  2. Brown v. BrownSupreme Court of Georgia · 1907
  3. Smith v. SmithSupreme Court of Georgia · 1903
  4. Black v. BlackSupreme Court of Georgia · 1919

3Cited by10 opinions

  1. Lowry v. LowrySupreme Court of Georgia · 1930
  2. Bankers Health & Life Insurance v. FryhoferCourt of Appeals of Georgia · 1966
  3. Patterson v. Cotton States Mutual InsuranceSupreme Court of Georgia · 1966
  4. Durham v. DurhamSupreme Court of Georgia · 1923
  5. Morris v. MorrisSupreme Court of Georgia · 1947

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