Wallace v. Wallace
Supreme Court of Georgia
Temporary alimony. Before Judge J. B. Jones. Hall superior court. November 17, 1923. John G-. Wallace, a resident of Hall County, instituted a suit for divorce against Mrs. Jewell Wood Wallace in Dawson County.
Read the full summary
Temporary alimony. Before Judge J. B. Jones. Hall superior court. November 17, 1923. John G-. Wallace, a resident of Hall County, instituted a suit for divorce against Mrs. Jewell Wood Wallace in Dawson County. After service of the petition and process and while the action for divorce was pending, the defendant instituted a separate action in Hall County, for permanent and temporary alimony and attorney’s fees, on the ground that the parties were living in a bona fide state of separation. At an interlocutory hearing the judge granted an order requiring the defendant to pay to plaintiff “the…
1Opinion of the CourtAtkinson, J.
1. When husband and wife are living separately, or are bona fide in a state of separation, and there is no action for dAvoree pending, the wife may in behalf of herself and her minor children, if any, or either, institute a proceeding before the judge, under the provisions of the statute (Civil Code (1910), § 2986), to compel the husband to make provision for support as permanent alimony; but such proceeding shall be in abeyance when a libel for divorce shall be filed bona fide *898by either party. Held, that a suit for permanent alimony could not be instituted under the code section just cited,…
2Cases cited2 opinions
- Banks v. BanksSupreme Court of Georgia · 1919
- Hughes v. HughesSupreme Court of Georgia · 1909
3Cited by4 opinions
- White v. WhiteArizona Supreme Court · 1955
- Ward v. WardSupreme Court of Georgia · 1968
- Dempsey v. DempseySupreme Court of Georgia · 1948
- Giradot v. GiradotSupreme Court of Georgia · 1930