Wainwright v. Morrow

Supreme Court of Georgia

Wainwright v. Morrow

178 S.E. 155, 180 Ga. 120, 1935 Ga. LEXIS 191

CourtSupreme Court of Georgia

DecidedJanuary 18, 1935

DocketNo. 10183

StatusPublished

Cited by1 cases

This text of 178 S.E. 155 (Wainwright v. Morrow) 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

Wainwright v. Morrow, 178 S.E. 155, 180 Ga. 120, 1935 Ga. LEXIS 191 (Ga. 1935).

Pincite

Opinion

Hutcheson, Justice.

1. An allowance of the statutory year’s support to a widow and children, or a widow, or children, is superior to the lien of a judgment for alimony.

2. While a judgment for alimony, payable in monthly installments of money, creating a special lien on land may not be classed as an ordinary debt, being more than such a debt, it is a debt within the meaning of the Civil Code of 1910, §§ 4000, 4041, providing that a year’s support to the family of the deceased shall be “preferred over all other debts.”

3. In the present case the court erred in decreeing that the lien for alimony of a divorced wife of the deceased was superior to a year’s support for his widow and children by a secojid marriage.

Judgment reversed.

All the Justices concur.

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