Woodward v. Woodward

20 S.E.2d 430, 193 Ga. 892, 1942 Ga. LEXIS 504

• Court: Supreme Court of Georgia
• Decided: May 21, 1942
• Docket: 14109.
• Status: Published

Opinion

Reid, Chief Justice.

Counsel fees are allowed to the wife as a part of “expenses of litigation” pending an action for divorce or a suit by the wife for permanent alimony. Code, § 30-202. “In all cases where an application for alimony is granted or refused, the bill of exceptions ‘shall be tendered and signed within twenty days from the rendition of the decision.’ ” Clark v. Clark, 165 Ga. 383 (140 S. E. 847) ; Code, § 6-903; Walker v. Walker, 178 Ga. 663 (173 S. E. 828). In the instant case, no final judgment being excepted to, and the bill of exceptions assigning error on the interlocutory order award ing counsel fees having been presented more than twenty days after such order, the motion to dismiss must be sustained.

No. 14109. May 21, 1942. Kenneth A. Campbell and Ralph R. QuiTlian, for plaintiff in error.

Writ of error dismissed. ■

All the Justices concur.