Banks v. Banks

Supreme Court of Georgia

Banks v. Banks

101 S.E. 114, 149 Ga. 517, 1919 Ga. LEXIS 305

CourtSupreme Court of Georgia

DecidedNovember 15, 1919

DocketNo. 1426

StatusPublished

Cited by5 cases

This text of 101 S.E. 114 (Banks v. Banks) 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

Banks v. Banks, 101 S.E. 114, 149 Ga. 517, 1919 Ga. LEXIS 305 (Ga. 1919).

Pincite

Opinion

Hill, J.

1. Where a husband flies suit for divorce against his wife, and the latter, while the divorce suit is pending, flies a petition in the same court, to a regular term, for permanent and temporary alimony, the pendency of the divorce suit cannot be successfully pleaded as a bar to the award of temporary alimony. Civil Code, § 2976. The judgment complained of was supported by evidence, and will not be reversed.

2. The petition for alimony makes reference' to the pending divorce suit. Without deciding whether thereby the alimony proceeding becomes a cross-action or is incidental to the divorce suit, there is simultaneously pending in the same court both a divorce proceeding and an application for permanent and temporary alimony, either one of which is a basis of jurisdiction for the judgment awarding temporary alimony.

Judgment affirmed.

All the Justices coneicr, except Atlcinson, J., absent.

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