Rorie v. Rorie
Supreme Court of Georgia
Divorce. Before Judge Wright. Haralson superior court. January 29, 1908. J. E. Borie brought suit against his wife, seeking a total divorce on the ground of desertion. She pleaded to the jurisdiction, and also filed an answer in which she admitted that they were living separate and apart, but alleged that the plaintiff had been guilty of repeated acts of cruelty which affected her health and rendered it impossible for her to live with him.
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Divorce. Before Judge Wright. Haralson superior court. January 29, 1908. J. E. Borie brought suit against his wife, seeking a total divorce on the ground of desertion. She pleaded to the jurisdiction, and also filed an answer in which she admitted that they were living separate and apart, but alleged that the plaintiff had been guilty of repeated acts of cruelty which affected her health and rendered it impossible for her to live with him. She admitted that he had asked her to return to his house, but alleged that this was not done in good faith, hut only for the purpose of covering up his…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. It was urged on behalf of the defendant in error that the ease was prematurely brought to this court, as the verdict directed was a first verdict for a total divorce, and it required two concurrent verdicts at different terms for the dissolution of the bonds of matrimony. It was therefore contended that the case was still pending in the trial court,, and could not-be brought to this court, under the Civil Code of 1895, §5526, which declares that “No cause shall be carried to the Supreme Court upon any bill of exceptions, so long as the same is pending in…
2Cases cited2 opinions
- Burns v. LewisSupreme Court of Georgia · 1891
- Gholston v. GholstonSupreme Court of Georgia · 1860
3Cited by5 opinions
- Dugas v. DugasSupreme Court of Georgia · 1946
- Brackett v. BrackettSupreme Court of Georgia · 1961
- Cagle v. CagleSupreme Court of Georgia · 1941
- Campbell v. CampbellSupreme Court of Georgia · 1942
- Langley v. LangleySupreme Court of Georgia · 1927