McGee v. McGee
Supreme Court of Georgia
In Equity, in Walker Superior Court. Decision on demurrer, by Judge Wright, October Term, 1849. Abby R. McGee filed her libel for a divorce, a mensa et tlioro, against her husband, John McGee, and praying for alimony, as provided by the Statute.
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In Equity, in Walker Superior Court. Decision on demurrer, by Judge Wright, October Term, 1849. Abby R. McGee filed her libel for a divorce, a mensa et tlioro, against her husband, John McGee, and praying for alimony, as provided by the Statute. Pending the suit for a divorce, Abby R. McGee filed her bill, alleging the pendency of the suit, her own necessitous condition, and that John McGee “had threatened and declared he would depart the realm, and remove his property beyond the limits of the State.” The prayer was for a writ of ne exeat república. The bill was verified by the affidavit of…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The first objection taken to the decision at the Circuit, is, that the evidence was incompetent, on which the order for the writ of ne exeat república was granted — being founded on the affidavit only of the complainant, the wife of the defendant.
It is true, that the case of Sedgwick vs. Watkins, 1 Ves. Jr. 49, *297sustains this objection ; but Chancellor Kent, in Denton vs. Denton, 1 Johns. Ch. R. 441, says that this case is not founded on just principles ; and, besides, he considered it as virtually overruled in Shaftol vs. Shaftol, 7 Ves.…
2Cited by12 opinions
- Carnes v. CarnesSupreme Court of Georgia · 1912
- Pepper v. PepperSupreme Court of Georgia · 1930
- Lamar v. LamarSupreme Court of Georgia · 1905
- Lomax v. LomaxSupreme Court of Georgia · 1933
- May v. MaySupreme Court of Georgia · 1917
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