Combs v. Combs

Supreme Court of Georgia

Combs v. Combs

90 S.E. 862, 146 Ga. 112, 1916 Ga. LEXIS 612

CourtSupreme Court of Georgia

DecidedNovember 16, 1916

StatusPublished

Cited by5 cases

This text of 90 S.E. 862 (Combs v. Combs) 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

Combs v. Combs, 90 S.E. 862, 146 Ga. 112, 1916 Ga. LEXIS 612 (Ga. 1916).

Pincite

Opinion

Atkinson, J.

“An application for temporary alimony must be’ based on a pending suit for divorce or for permanent alimony. In the present ease the' petition was one merely for temporary alimony, and did not give the judge jurisdiction at chambers, in the absence of a showing that there was a suit for divorce or for permanent alimony pending, to allow temporary alimony.” Pitts v. Pitts, 144 Ga. 423 (87 S. E. 391).

(а) The ruling just stated going to the jurisdiction of the court relating to the subject-matter, it was not too late to raise the question for the first time by excepting to the judgment.

(б) Applying the foregoing principles, it was erroneous to grant temporary alimony. Judgment reversed.

All the Justices concur.

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