Hicks v. Walton

Court of Appeals of Georgia

Hicks v. Walton

137 S.E.2d 576, 109 Ga. App. 883, 1964 Ga. App. LEXIS 1026

CourtCourt of Appeals of Georgia

DecidedJune 23, 1964

Docket40767

StatusPublished

This text of 137 S.E.2d 576 (Hicks v. Walton) 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

Hicks v. Walton, 137 S.E.2d 576, 109 Ga. App. 883, 1964 Ga. App. LEXIS 1026 (Ga. Ct. App. 1964).

Pincite

Opinion

Felton, Chief Judge.

The condition in a ne exeat bond in an alimony proceeding is that the principal shall not absent himself from the jurisdiction of the court. Swain v. Jaudon, 147 Ga. 773 (95 SE 696); Westbrook v. Westbrook, 105 Ga. App. 67 (123 SE2d 348). Therefore, a petition to forfeit such a bond which does not allege that the principal has absented himself from the jurisdiction of the court is defective and subject to general demurrer.

The court erred in overruling the general demurrer to the petition. The judgment of the court forfeiting the bond was rendered nugatory by the erroneous overruling of the general demurrer to the petition.

Judgment reversed.

Frankum and Pannell, JJ., concur.

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