Heath v. Philpot

Court of Appeals of Georgia

Heath v. Philpot

146 S.E. 323, 39 Ga. App. 108, 1929 Ga. App. LEXIS 203

CourtCourt of Appeals of Georgia

DecidedJanuary 15, 1929

Docket19255

StatusPublished

Cited by1 cases

This text of 146 S.E. 323 (Heath v. Philpot) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Heath v. Philpot, 146 S.E. 323, 39 Ga. App. 108, 1929 Ga. App. LEXIS 203 (Ga. Ct. App. 1929).

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Opinion

Luke, J.

It appearing from tire petition as amended tlrat tlie agreement declared upon was entered into between husband and wife to promote a dissolution of their marriage, the court erred in overruling a demurrer based upon the ground that the agreement was contrary to public' policy and void. See Sumner v. Sumner, 121 Ga. 1 (3) (48 S. E. 727) ; Birch v. Anthony, 109 Ga. 349 (34 S. E. 561); Don v. Don, 158 Ga. 254 (123 S. E. 268).

■Judgment reversed.

Bloodworth, J., concurs. Broyles, O. J., dissents.

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Luke, J.

It appearing from tire petition as amended tlrat tlie agreement declared upon was entered into between husband and wife to promote a dissolution of their marriage, the court erred in overruling a demurrer based upon the ground that the agreement was contrary to public' policy and void. See Sumner v. Sumner, 121 Ga. 1 (3) (48 S. E. 727) ; Birch v. Anthony, 109 Ga. 349 (34 S. E. 561); Don v. Don, 158 Ga. 254 (123 S. E. 268).

■Judgment reversed.

Bloodworth, J., concurs. Broyles, O. J., dissents.

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146 S.E. 323, 39 Ga. App. 108, 1929 Ga. App. LEXIS 203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heath-v-philpot-gactapp-1929.

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