Evans v. Evans

Supreme Court of Georgia

Evans v. Evans

180 S.E. 710, 180 Ga. 767, 1935 Ga. LEXIS 558

CourtSupreme Court of Georgia

DecidedJuly 9, 1935

DocketNo. 10681

StatusPublished

This text of 180 S.E. 710 (Evans v. Evans) 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

Evans v. Evans, 180 S.E. 710, 180 Ga. 767, 1935 Ga. LEXIS 558 (Ga. 1935).

Pincite

Opinion

Hutcheson, Justice.

“In a suit for permanent and temporary alimony the judge is without jurisdiction, at an interlocutory hearing prior to the appearance term, either to overrule or sustain a demurrer to the [768]*768petition. Thus, regardless of whether the petition in this case was subject to the demurrer, it was error to pass upon the demurrer at the time of overruling the same. The act of August 25, 1925, changing the rule as to the time when demurrers may be determined, has no application except in ‘equity eases . . where extraordinary relief is sought.”’ Foster v. Foster, 178 Ga. 791 (174 S. E. 532).

No. 10681. July 9, 1935. M. B. Peacock and Walter J ones, for plaintiff.

Judgment reversed.

All the Justices concur, except Gilbert, J., absent.

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Hutcheson, Justice.

“In a suit for permanent and temporary alimony the judge is without jurisdiction, at an interlocutory hearing prior to the appearance term, either to overrule or sustain a demurrer to the [768]*768petition. Thus, regardless of whether the petition in this case was subject to the demurrer, it was error to pass upon the demurrer at the time of overruling the same. The act of August 25, 1925, changing the rule as to the time when demurrers may be determined, has no application except in ‘equity eases . . where extraordinary relief is sought.”’ Foster v. Foster, 178 Ga. 791 (174 S. E. 532).

No. 10681. July 9, 1935. M. B. Peacock and Walter J ones, for plaintiff.

Judgment reversed.

All the Justices concur, except Gilbert, J., absent.

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Bluebook (online)

180 S.E. 710, 180 Ga. 767, 1935 Ga. LEXIS 558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-evans-ga-1935.

Opinion

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