Coleman v. Coleman, 16574.
| Decision Date | 16 March 1949 |
| Docket Number | No. 16574.,16574. |
| Citation | 52 S.E.2d 438 |
| Court | Georgia Supreme Court |
| Parties | COLEMAN . v. COLEMAN. |
Where, in a proceeding for temporary alimony, nothing was awarded the wife, except a stated amount as attorney's fees, upon a hearing for contempt for a failure to pay the same, the sole issue is the ability or inability of the husband to make the delinquent payments, and upon this question the discretion of the trial judge, where no abuse thereof is shown, will not be disturbed.
Error from Superior Court, Emanuel County; R. H. Humphrey, Judge.
Suit for divorce by Alma Coleman against N. W. Coleman wherein an order was entered for the payment of fees to wife's attorney. There was a judgment adjudging the defendant in contempt of court for failure to make such payment, and the defendant brings error.
Judgment affirmed.
This case comes to this court on an exception to a judgment holding the husband in contempt for a failure to pay temporary alimony.
The wife filed a suit for divorce upon the ground of cruel treatment, and prayed for both temporary and permanent alimony and attorney's fees. The suit sets forth many and various instances of acts of violence upon her person and other conduct upon the part of the husband, which, if only partly true, would brand the husband as a very bad man; and would indicate that the wife, by constantly undergoing this treatment in an effort to maintain the marital status was loving, forbearing, and patient. She further asserted that he had funds, but was seeking to hide them from an alimony judgment. On the other hand, the husband in his answer sets forth a series of acts and conduct on the part of the wife, which pictured her as both mean and vicious and indicated by his efforts to maintain the marital status that he was equally as loving, forbearing, and patient. He further sets forth that his health wasimpaired, and that by reason thereof he had no funds or earning capacity.
With this evidence before the trial judge on the hearing for temporary alimony, he awarded attorney's fees in the amount of $37.50 to be paid instanter and an equal amount to be paid on the date the case was tried before a jury. No other alimony was awarded. On his failure to pay the $37.50, a citation for contempt was served, and on the hearing he was adjudged in contempt of court.
H. Alonzo Woods, of Swainsboro, for plaintiff in error.
No appearance for defendant in error.
ATKINSON, Presiding Justice (after stating the foregoing facts).
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