Henderson v. Henderson

Supreme Court of Georgia

Henderson v. Henderson

165 S.E. 589, 175 Ga. 702, 1932 Ga. LEXIS 313

CourtSupreme Court of Georgia

DecidedSeptember 14, 1932

DocketNo. 8809

StatusPublished

Cited by1 cases

This text of 165 S.E. 589 (Henderson v. Henderson) 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

Henderson v. Henderson, 165 S.E. 589, 175 Ga. 702, 1932 Ga. LEXIS 313 (Ga. 1932).

Pincite

Opinion

Atkinson, J.

1. On the hearing before a judge in a proceeding for contempt by failure to pay permanent alimony, the court did not err in admitting in evidence the affidavit of the wife, over the objections that . the same was incompetent, and that the defendant, being on trial for contempt, had the right under the law to have the witness sworn and examined in open court, with the privilege of cross-examination. Warner v. Martin, 124 Ga. 387 (52 S. E. 446, 4 Ann. Cas. 180).

2. The evidence relating to the ability of the defendant to comply with the terms of the decree specifying sums to be paid monthly to the plaintiff did not require a finding that the defendant was unable to pay the amounts.

3. The judge did not abuse his discretion in adjudging the defendant in contempt. Judgment affirmed.

All the Justices concur. M. B. Eubanks, for plaintiff in error. Porter & Mebane, contra.

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