Arnold v. Arnold

Supreme Court of Georgia

Arnold v. Arnold

122 S.E.2d 734, 217 Ga. 430, 1961 Ga. LEXIS 479

CourtSupreme Court of Georgia

DecidedNovember 13, 1961

Docket21435

StatusPublished

Cited by1 cases

This text of 122 S.E.2d 734 (Arnold v. Arnold) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Arnold v. Arnold, 122 S.E.2d 734, 217 Ga. 430, 1961 Ga. LEXIS 479 (Ga. 1961).

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Opinion

Head, Presiding Justice.

The exceptions are to an order sustaining a demurrer and am oral motion to strike the defendant’s answer and to a judgment in an action upon a [431]*431contract for the payment of alimony. The action is not an alimony case within the provisions of the Constitution, Art. VI, Sec. II, Par. IV (Code Ann. § 2-3704). Hayes v. Hayes, 191 Ga. 237 (11 SE2d 764). A different result can not be reached because there appear in the record certified to this court 17 pages pertaining to other litigation between' the parties, which were not made a part of the record in the action upon the contract. The Court of Appeals, and not this court, has jurisdiction of the writ of error.

Submitted November 13, 1961 Decided November 13, 1961. Jean E. Johnson, Sr., for plaintiff in error. Pittman ■& Croioe, contra.

Transferred to the Court of Appeals.

All the Justices concur.

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Head, Presiding Justice.

The exceptions are to an order sustaining a demurrer and am oral motion to strike the defendant’s answer and to a judgment in an action upon a [431]*431contract for the payment of alimony. The action is not an alimony case within the provisions of the Constitution, Art. VI, Sec. II, Par. IV (Code Ann. § 2-3704). Hayes v. Hayes, 191 Ga. 237 (11 SE2d 764). A different result can not be reached because there appear in the record certified to this court 17 pages pertaining to other litigation between' the parties, which were not made a part of the record in the action upon the contract. The Court of Appeals, and not this court, has jurisdiction of the writ of error.

Submitted November 13, 1961 Decided November 13, 1961. Jean E. Johnson, Sr., for plaintiff in error. Pittman ■& Croioe, contra.

Transferred to the Court of Appeals.

All the Justices concur.

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Bluebook (online)

122 S.E.2d 734, 217 Ga. 430, 1961 Ga. LEXIS 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arnold-v-arnold-ga-1961.

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