Walden v. Chester

Supreme Court of Georgia

Walden v. Chester

49 S.E.2d 760, 204 Ga. 323, 1948 Ga. LEXIS 420

CourtSupreme Court of Georgia

DecidedOctober 11, 1948

Docket16348.

StatusPublished

Cited by1 cases

This text of 49 S.E.2d 760 (Walden v. Chester) 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

Walden v. Chester, 49 S.E.2d 760, 204 Ga. 323, 1948 Ga. LEXIS 420 (Ga. 1948).

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Opinion

Atkinson, Presiding Justice.

Where, after the granting of a total divorce, the former wife brings a rule for contempt against her former husband for the failure to pay stated temporary alimony previously awarded to *324 the wife and not paid pending the granting of a total divorce, and upon the hearing there is some evidence that, in making a settlement for alimony prior to taking the decree for total divorce, such settlement included the award for temporary alimony, the trial judge did not abuse his discretion in declining to hold the former husband in contempt and in declining to award attorney’s fees for services in the contempt proceedings.

No. 16348. October 11, 1948. Alton T. Milam, for plaintiff. E. L. Rowland and W. C. Brinson, for defendant.

Judgment affirmed.

All the Justices concur, except Bell, J., absent on ' ■ account of illness.

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Atkinson, Presiding Justice.

Where, after the granting of a total divorce, the former wife brings a rule for contempt against her former husband for the failure to pay stated temporary alimony previously awarded to *324 the wife and not paid pending the granting of a total divorce, and upon the hearing there is some evidence that, in making a settlement for alimony prior to taking the decree for total divorce, such settlement included the award for temporary alimony, the trial judge did not abuse his discretion in declining to hold the former husband in contempt and in declining to award attorney’s fees for services in the contempt proceedings.

No. 16348. October 11, 1948. Alton T. Milam, for plaintiff. E. L. Rowland and W. C. Brinson, for defendant.

Judgment affirmed.

All the Justices concur, except Bell, J., absent on ' ■ account of illness.

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Bluebook (online)

49 S.E.2d 760, 204 Ga. 323, 1948 Ga. LEXIS 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walden-v-chester-ga-1948.

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