Goss v. Goss
Supreme Court of Georgia
Illegality, in Webster Superior Court, Decision by Judge Kiddoo, March Term, 1859. This was a motion to quash and set aside an execution against plaintiff in error, upon the following grounds: 1st. Because said execution issued upon an order or judgment granting alimony to plaintiff inJi.fa. 2d. Because the order granting alimony, was made in vacation, and at chambers, and without notice to the defendant.
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Illegality, in Webster Superior Court, Decision by Judge Kiddoo, March Term, 1859. This was a motion to quash and set aside an execution against plaintiff in error, upon the following grounds: 1st. Because said execution issued upon an order or judgment granting alimony to plaintiff inJi.fa. 2d. Because the order granting alimony, was made in vacation, and at chambers, and without notice to the defendant. After argument, the Court overruled the motion to set aside, and defendant excepted.
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
[1.] The power of granting temporary alimony during the pendency of a divorce suit, was elaborately discussed and was decided by this Court, in the case of McGee vs. McGee, 10 Ga. Rep. 417. We think it was rightly held to be a power belonging to the Superior Court, as an incident to its jurisdiction over divorces. It belongs to the Court, and not to the Judge, and therefore cannot be exercised by him in vacation. We think also, the party against whom this alimony is allowed, should have notice and an opportunity of being heard.
[2.] We think…
2Cited by4 opinions
- Goodrum v. GoodrumSupreme Court of Georgia · 1947
- Lipton v. LiptonSupreme Court of Georgia · 1955
- Lloyd v. LloydSupreme Court of Georgia · 1937
- Brown v. BrownSupreme Court of Georgia · 1937