Hagan v. Hagan

72 S.E.2d 295, 209 Ga. 313, 1952 Ga. LEXIS 479

Opinions

Head, Justice.

1. The present action is not a case where the wife alleged jurisdiction of the court, and temporary alimony was awarded to enable the wife to contest the husband’s plea to the jurisdiction, within the rule stated in Carnes v. Carnes, 138 Ga. 1 (74 S. E. 785), Legg v. Legg, 150 Ga. 133 (102 S. E. 829), LaFitte v. LaFitte, 171 Ga. 404, (155 S. E. 521), and similar cases. In the present case the attachment for contempt did not issue until after a final judgment by this court affirming the judgment of the trial court in dismissing the wife’s cross-action for want of jurisdiction.

2. A judgment of a court without jurisdiction of the parties is void and may be attacked at any time and in any court where such judgment is attempted to be enforced. Code, §§ 110-701, 110-709; Parish v. Parish, 32 Ga. 653; Franklin County v. Crow, 128 Ga. 458 (57 S. E. 784); Schulze v. Schulze, 149 Ga. 532 (101 S. E. 183); Foster v. Foster, 207 Ga. 519, 523 (63 S. E. 2d, 318).

3. An award of temporary alimony by a court not having jurisdiction of the parties, or void for any other cause, can not be made the basis of a valid proceeding for contempt. Allen v. Baker, 188 Ga. 696 (4 S. E. 2d, 642); Strickland v. Strickland, 201 Ga. 293, 298 (39 S. E. 2d, 483); Swindell v. Swindell, 208 Ga. 727 (69 S. E. 2d, 197).

4. The trial court erred in adjudging the defendant in contempt.

Judgment reversed.

All the Justices concur, except Wyatt and Almand, JJ., who dissent, and Atkinson, PJ., not participating.