Duke v. Duke

Supreme Court of Georgia

Duke v. Duke

122 S.E. 685, 157 Ga. 899, 1924 Ga. LEXIS 274

CourtSupreme Court of Georgia

DecidedApril 16, 1924

DocketNo. 4046

StatusPublished

Cited by3 cases

This text of 122 S.E. 685 (Duke v. Duke) 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

Duke v. Duke, 122 S.E. 685, 157 Ga. 899, 1924 Ga. LEXIS 274 (Ga. 1924).

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Opinion

Atkinson, J.

Under the pleadings and the evidence the judge was authorized to find that the defendant was in arrears in the payment of alimony and had not made any bona fide attempt to pay the amount awarded against' him, and consequently to adjudge him in contempt of court. The judgment ordering the defendant to be incarcerated in the common jail of the county until the further order of the court, unless he should within thirty days pay the amount of alimony due the plaintiff, was authorized by the evidence.

Judgment affirmed.

All the Justices concur, except Bill, J., dissenting. II. M. Fletcher, for plaintiff in error. C. L. Redman, contra.

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Atkinson, J.

Under the pleadings and the evidence the judge was authorized to find that the defendant was in arrears in the payment of alimony and had not made any bona fide attempt to pay the amount awarded against' him, and consequently to adjudge him in contempt of court. The judgment ordering the defendant to be incarcerated in the common jail of the county until the further order of the court, unless he should within thirty days pay the amount of alimony due the plaintiff, was authorized by the evidence.

Judgment affirmed.

All the Justices concur, except Bill, J., dissenting. II. M. Fletcher, for plaintiff in error. C. L. Redman, contra.

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Bluebook (online)

122 S.E. 685, 157 Ga. 899, 1924 Ga. LEXIS 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duke-v-duke-ga-1924.

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