Brewer v. Brewer

Supreme Court of Georgia

Brewer v. Brewer

55 S.E.2d 147, 205 Ga. 759, 1949 Ga. LEXIS 583

CourtSupreme Court of Georgia

DecidedSeptember 14, 1949

Docket16747.

StatusPublished

Cited by12 cases

This text of 55 S.E.2d 147 (Brewer v. Brewer) 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

Brewer v. Brewer, 55 S.E.2d 147, 205 Ga. 759, 1949 Ga. LEXIS 583 (Ga. 1949).

Pincite

Opinion

Wyatt, Justice.

1. Condonation and cohabitation after filing a suit for divorce, if conditioned upon the promise of the defendant not to again be guilty of the acts charged in the petition, will not preyent the plaintiff from proceeding with the original petition for divorce in the event of a breach of the condition and agreement on the part of the defendant. Ozmore v. Ozmore, 41 Ga. 46; Stanley v. Stanley, 178 Ga. 814 (174 S. E. 531).

2. In this case the trial judge was authorized to find from the evidence of the plaintiff that the agreement on the part of the defendant not to again be guilty of the acts of cruelty charged in the petition was made prior to any co'habitation or condonation after the suit was filed.

3. The Superior Court of Fulton County had jurisdiction of the parties and subject-matter at. the time the suit was filed and served. The fact that the parties may have moved out of the State of Georgia after the suit was filed and served would not cause the Fulton Superior Court *760 to lose jurisdiction of the case then pending in that court. “It could not be said that the suit had died. The suit was not abated nor in effect dismissed by the mere act of condonation.” Harn v. Harn, 155 Ga. 502 (117 S. E. 383).

No. 16747. September 14, 1949.

Judgment affirmed.

All the Justices concur. *761 Dunaway, Riley & Hotoard, for plaintiff in error. Young H. Fraser and William S. Shelfer, contra.

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Wyatt, Justice.

1. Condonation and cohabitation after filing a suit for divorce, if conditioned upon the promise of the defendant not to again be guilty of the acts charged in the petition, will not preyent the plaintiff from proceeding with the original petition for divorce in the event of a breach of the condition and agreement on the part of the defendant. Ozmore v. Ozmore, 41 Ga. 46; Stanley v. Stanley, 178 Ga. 814 (174 S. E. 531).

2. In this case the trial judge was authorized to find from the evidence of the plaintiff that the agreement on the part of the defendant not to again be guilty of the acts of cruelty charged in the petition was made prior to any co'habitation or condonation after the suit was filed.

3. The Superior Court of Fulton County had jurisdiction of the parties and subject-matter at. the time the suit was filed and served. The fact that the parties may have moved out of the State of Georgia after the suit was filed and served would not cause the Fulton Superior Court *760 to lose jurisdiction of the case then pending in that court. “It could not be said that the suit had died. The suit was not abated nor in effect dismissed by the mere act of condonation.” Harn v. Harn, 155 Ga. 502 (117 S. E. 383).

No. 16747. September 14, 1949.

Judgment affirmed.

All the Justices concur. *761 Dunaway, Riley & Hotoard, for plaintiff in error. Young H. Fraser and William S. Shelfer, contra.

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Bluebook (online)

55 S.E.2d 147, 205 Ga. 759, 1949 Ga. LEXIS 583, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brewer-v-brewer-ga-1949.

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