Dover v. Dover

• Decision Date: 10 May 1949
• Docket Number: 16619.
• Citation: Dover v. Dover, 205 Ga. 241, 53 S.E.2d 492 (Ga. 1949)
• Parties: DOVER v. DOVER.
• Court: Georgia Supreme Court

53 S.E.2d 492

205 Ga. 241

DOVER v. DOVER.

No. 16619.

Supreme Court of Georgia

May 10, 1949

William Butt, Blue Ridge, for plaintiff in error.

T H. Crawford, Bule Ridge, Henderson & Burtz, Canton, for defendant in error.

Syllabus Opinion by the Court.

WYATT Justice.

In a divorce case in Fannin Superior Court, a final decree was entered on December 15, 1948, providing in part that the husband should pay alimony to his wife in the sum of $50 per month so long as she remained single, and further that he should pay his wife $50 per month until she had been paid the sum of $800, 'the amount expended by her in the construction of the home located upon the property of the mother' of her husband. On January 28, 1949, the husband submitted to the court a motion to modify and alter the decree, and a rule nisi issued 'at chambers, Canton Georgia,' requiring the wife to show cause at Blue Ridge Georgia, on February 4, 1949, why the prayers of the petition should not be granted. After a hearing, as provided in the order, at Blue Ridge, Georgia, the court passed the following judgment: 'After hearing evidence and argument in the within motion, it is ordered that that part of said decree which alludes to the payment of $800 in the construction of said house be modified to the extent that same is not a part of the alimony allowance for support of wife and children and should not be enforced as such. This February 4th, 1949.' In excepting to this judgment, the wife, as plaintiff in error, contends 'that the court was without authority in law to modify or alter said decree on the 4th day of February, 1949, for the reason that he took jurisdiction of this matter on the motion of the plaintiff at chambers at Canton, Georgia, as shown positively by his order, and this being true, everything that followed was nugatory.' Held:

1. While this court has held that a judge of the superior court has no authority to entertain in vacation a motion to set aside a judgment of that court and is without jurisdiction to render judgment on such a motion in vacation, Haskens v. State, 114 Ga. 837, 40 S.E. 997; United States Fidelity & Guaranty Co. v. First National Bank of Cornelia, 149 Ga. 132, 99 S.E. 529, it is well-settled law that a court has plenary control over its judgments, orders, and decrees during the term at which they were made, and, in the exercise of a sound discretion, may revise, revoke, or modify them. Gaines v. Gaines, 169 Ga. 432(1), 150 S.E. 645; Lawson v. Haygood, 202 Ga. 501(3), 43 S.E.2d 649.

This power may be exercised by the court, at the same term on his own motion without notice to either party. Athens Apartment Corp. v. Hill, 156 Ga. 437(1), 119 S.E. 631; Jones v. Garage Equipment Co., 16 Ga.App. 596, 85 S.E. 940.

2. This court will take judicial cognizance of the fact that the Superior Court of Fannin County convenes each year on the second Mondays in April, August, and December. Waller v State, 164 Ga. 128, 138 S.E. 67. 'After a general term of the superior court has been organized by the presiding judge and put into operation, the term continues until finally adjourned by the presiding judge or by the operation of some provision of law.' Mathis v....