Black v. Black

• Court: Georgia Supreme Court
• Writing for the Court: HINES, J
• Citation: Black v. Black, 165 Ga. 243, 140 S.E. 364 (Ga. 1927)
• Decision Date: 22 November 1927
• Docket Number: (No. 6040.)
• Parties: BLACK. v. BLACK.

165 Ga. 243

140 S.E. 364

BLACK.

v.BLACK.

(No. 6040.)

Supreme Court of Georgia.

Nov. 22, 1927.

(Syllabus by the Court.)

Error from Superior Court, Jackson County; W. W. Stark, Judge.

Petition by T. A. Black against E. B. Black, in which defendant filed answer by way of cross-bill. Plaintiff's motion to withdraw petition and to strike defendant's answer was overruled, and plaintiff brings error. Reversed.

G. W. Westmoreland, of Jefferson, and C. M. Candler and Scott Candler, both of Atlanta, for plaintiff in error.

E. C. Stark, of Commerce, for defendant in error.

HINES, J. On September 1, 1926, Tallulah Aiken Black filed her petition against E. B. Black, for total divorce, for the custody of their daughter of three years, for counsel fees, and for injunction. The husband filed his answer, in which he denied the substantial allegations of the petition, and alleged "by way of cross-bill that plaintiff was cruel and inhumane to defendant, that she deserted him in his hour of affliction, that she often told him she cared nothing for him, has abused him in divers ways, all of which has added to his already heavy burden, and caused him much pain and suffering." He asked that the child be awarded to himself, Mrs. J. W. Black, or Mrs. P. A. Hughes. On April 30, 1927, certain affidavits were delivered to the judge, with an announcement from the parties that a settlement was pending between them, and that he was to take the affidavits without any argument or comments by counsel for either party, and that in the event a settlement could not be reached by May 7, 1927, then the judge was to make an award of the child, from the evidence contained in these affidavits. They were not to be read by either party pending the negotiations for a settlement.

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