Legal Opinion

McLaren v. McLaren

Supreme Court of Georgia

Decided March 15, 1864PublishedCited by 9 opinions

Application for temporary alimony, in Muscogee Superior Court, at February Adjourned Term, 1862, Judge E. H. Morrill presiding. The facts necessary and proper to be stated in this case are as follows: On the 18th of February, 1859, Lucy A. McLaren filed an application against her husband, Peter McLaren, in Muscogee Superior Court, praying for a total divorce.

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Application for temporary alimony, in Muscogee Superior Court, at February Adjourned Term, 1862, Judge E. H. Morrill presiding. The facts necessary and proper to be stated in this case are as follows: On the 18th of February, 1859, Lucy A. McLaren filed an application against her husband, Peter McLaren, in Muscogee Superior Court, praying for a total divorce. Pending this suit for divorce, to-wit: on the 10th of March 1859, the parties agreed upon and entered into a written settlement, of which the the following is a copy, to-wit: “STATE OF GEORGIA — Muscogee county. “Articles of agreement…

1Opinion of the Court

By the Court

Lyon, J.,

delivering the opinion.

It is undoubtedly true that the Superior Courts not only have the power, but that it is a duty in suits for divorce, to make provision, by way of temporary alimony, for the wife’s maintenance during the pendency of the suit for the expenses which she may incur in conducting it: McGhee vs. McGhee, 10 Georgia, 477. But where the parties, pending the divorce, have, by deed of settlement between themselves and a trustee, agreed upon a specific sum to be paid to the wife annually by the husband, for her support and maintenance, and other property such as…

2Cited by9 opinions

  1. Sumner v. SumnerSupreme Court of Georgia · 1904
  2. Brown v. FarkasSupreme Court of Georgia · 1943
  3. Ramsay v. SimsSupreme Court of Georgia · 1952
  4. Jennison v. JennisonSupreme Court of Georgia · 1911
  5. Watson v. BurnleySupreme Court of Georgia · 1920

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