Lundy v. Lundy

Supreme Court of Georgia

Lundy v. Lundy

132 S.E. 389, 162 Ga. 42, 1926 Ga. LEXIS 103

CourtSupreme Court of Georgia

DecidedMarch 10, 1926

DocketNo. 5223

StatusPublished

Cited by1 cases

This text of 132 S.E. 389 (Lundy v. Lundy) 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

Lundy v. Lundy, 132 S.E. 389, 162 Ga. 42, 1926 Ga. LEXIS 103 (Ga. 1926).

Pincite

Opinion

Hill, J.

1. Emmie Burton Lundy filed her libel for divorce against her husband, Fred Lundy, on the ground of cruel treatment. Pending her application for temporary alimony, and after hearing evidence to the effect that the husband received a salary of $30 a week, the judge awarded as temporary alimony $20 per month for the first two months, and $30 a month for each succeeding month, and $20 a month for two months as attorney’s fees. To this judgment the plaintiff in error excepted. Held, that under the pleadings and evidence the trial judge did not abuse his discretion in awarding temporary alimony and attorney’s fees in amounts stated above.

2. In the circumstances above stated the trial judge did not err in awarding temporary alimony and attorney’s fees over the contention that the husband had no “estate” out of which the allowance could be made, as provided by the Civil Code of 1910, § 2975. See Carlton v. Carlton, 44 Ga. 216. Judgment affirmed.

All the Justices concur.

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Hill, J.

1. Emmie Burton Lundy filed her libel for divorce against her husband, Fred Lundy, on the ground of cruel treatment. Pending her application for temporary alimony, and after hearing evidence to the effect that the husband received a salary of $30 a week, the judge awarded as temporary alimony $20 per month for the first two months, and $30 a month for each succeeding month, and $20 a month for two months as attorney’s fees. To this judgment the plaintiff in error excepted. Held, that under the pleadings and evidence the trial judge did not abuse his discretion in awarding temporary alimony and attorney’s fees in amounts stated above.

2. In the circumstances above stated the trial judge did not err in awarding temporary alimony and attorney’s fees over the contention that the husband had no “estate” out of which the allowance could be made, as provided by the Civil Code of 1910, § 2975. See Carlton v. Carlton, 44 Ga. 216. Judgment affirmed.

All the Justices concur.

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Bluebook (online)

132 S.E. 389, 162 Ga. 42, 1926 Ga. LEXIS 103, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lundy-v-lundy-ga-1926.

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