Gabriel v. Gabriel

Supreme Court of Georgia

Gabriel v. Gabriel

130 S.E.2d 131, 218 Ga. 694, 1963 Ga. LEXIS 301

CourtSupreme Court of Georgia

DecidedMarch 7, 1963

Docket21953

StatusPublished

Cited by1 cases

This text of 130 S.E.2d 131 (Gabriel v. Gabriel) 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

Gabriel v. Gabriel, 130 S.E.2d 131, 218 Ga. 694, 1963 Ga. LEXIS 301 (Ga. 1963).

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Opinion

Duckworth, Chief Justice.

The sole exception is to a judgment holding the former husband in contempt for failing to pay alimony as provided in the agreement between the husband and wife and made a part of the final decree for divorce and alimony to pay a definite sum monthly, in addition to the alimony awarded to the wife, for the support of his child until “she shall become self-supporting or married.” The validity of the judgment is not challenged by any pleadings in this case, and there is no brief of evidence. Since it would be necessary for a consideration of the evidence to show error [695]*695in the judgment, there being no evidence in the bill of exceptions or record as to the age or status of the child, we have no choice under the law but to affirm the judgment. Gibson v. Gibson, 214 Ga. 329 (104 SE2d 457); Forio v. Forio, 217 Ga. 813 (125 SE2d 486).

Argued February 11, 1963 Decided March 7, 1963. Duffy, Hendrix & Miller, Robert J. Duffy, for plaintiff in error. Lewis, Wylly & Javetz, contra.

Judgment affirmed.

All the Justices concur.

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Duckworth, Chief Justice.

The sole exception is to a judgment holding the former husband in contempt for failing to pay alimony as provided in the agreement between the husband and wife and made a part of the final decree for divorce and alimony to pay a definite sum monthly, in addition to the alimony awarded to the wife, for the support of his child until “she shall become self-supporting or married.” The validity of the judgment is not challenged by any pleadings in this case, and there is no brief of evidence. Since it would be necessary for a consideration of the evidence to show error [695]*695in the judgment, there being no evidence in the bill of exceptions or record as to the age or status of the child, we have no choice under the law but to affirm the judgment. Gibson v. Gibson, 214 Ga. 329 (104 SE2d 457); Forio v. Forio, 217 Ga. 813 (125 SE2d 486).

Argued February 11, 1963 Decided March 7, 1963. Duffy, Hendrix & Miller, Robert J. Duffy, for plaintiff in error. Lewis, Wylly & Javetz, contra.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

130 S.E.2d 131, 218 Ga. 694, 1963 Ga. LEXIS 301, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gabriel-v-gabriel-ga-1963.

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