Dutton v. Dutton

Supreme Court of Georgia

Dutton v. Dutton

139 S.E. 427, 164 Ga. 704, 1927 Ga. LEXIS 259

CourtSupreme Court of Georgia

DecidedSeptember 9, 1927

DocketNo. 5594

StatusPublished

This text of 139 S.E. 427 (Dutton v. Dutton) 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

Dutton v. Dutton, 139 S.E. 427, 164 Ga. 704, 1927 Ga. LEXIS 259 (Ga. 1927).

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Opinion

Atkinson, J.

Leona 'R. Dutton instituted a suit against Bartow C. Dutton, for divorce. There were two children, one a girl 9 years of age in custody of her mother, and the other a boy 7 years of age in custody [705]*705of his father. The grounds of divorce were alleged acts of cruel treatment. In addition to divorce the petition contained prayers for temporary alimony, attorney’s fees, and custody of both children. The defendant filed an answer in which he denied the alleged acts of cruelty, set up improper conduct upon the part of the plaintiff,-and prayed that a total divorce be granted to him and that he be granted custody of both children. At an interlocutory hearing the judge passed an order allowing the plaintiff, until the further order of court, $30 a month as alimony, requiring the defendant to pay $50 attorney’s fees, and allowing the children to remain separately in the custody of- their respective parents. The defendant excepted to the judgment “ as being contrary to law, and an abuse of discretion,” because the judge “should have refused temporary alimony, attorney’s fees, and should have awarded the custody of said child to defendant.” Held, that the evidence, though conflicting, was sufficient to support the judgment, and there was no abuse of discretion. Judgment affirmed.

[704]*704Divorce, 19 O. J. p. 206, n. 69; p. 224, n. 83; p. 226, n. 7; p. 227, n. 22; p. 228, n. 39; p. 240, n. 23; p. 347, n. 65.

[705]*705No. 5594. September 9, 1927. Hugh B. Tarver Jr. and Clarence T. Cuy ton, for plaintiff in error. All the Justices concur.

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Atkinson, J.

Leona 'R. Dutton instituted a suit against Bartow C. Dutton, for divorce. There were two children, one a girl 9 years of age in custody of her mother, and the other a boy 7 years of age in custody [705]*705of his father. The grounds of divorce were alleged acts of cruel treatment. In addition to divorce the petition contained prayers for temporary alimony, attorney’s fees, and custody of both children. The defendant filed an answer in which he denied the alleged acts of cruelty, set up improper conduct upon the part of the plaintiff,-and prayed that a total divorce be granted to him and that he be granted custody of both children. At an interlocutory hearing the judge passed an order allowing the plaintiff, until the further order of court, $30 a month as alimony, requiring the defendant to pay $50 attorney’s fees, and allowing the children to remain separately in the custody of- their respective parents. The defendant excepted to the judgment “ as being contrary to law, and an abuse of discretion,” because the judge “should have refused temporary alimony, attorney’s fees, and should have awarded the custody of said child to defendant.” Held, that the evidence, though conflicting, was sufficient to support the judgment, and there was no abuse of discretion. Judgment affirmed.

[704]*704Divorce, 19 O. J. p. 206, n. 69; p. 224, n. 83; p. 226, n. 7; p. 227, n. 22; p. 228, n. 39; p. 240, n. 23; p. 347, n. 65.

[705]*705No. 5594. September 9, 1927. Hugh B. Tarver Jr. and Clarence T. Cuy ton, for plaintiff in error. All the Justices concur.

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Bluebook (online)

139 S.E. 427, 164 Ga. 704, 1927 Ga. LEXIS 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dutton-v-dutton-ga-1927.