Goss v. Goss
| Decision Date | 30 June 1859 |
| Citation | 29 Ga. 109 |
| Parties | Elias G. Goss, plaintiff in error. vs. Mary Goss, defendant in error. |
| Court | Georgia Supreme Court |
Illegality, in Webster Superior Court. Decision by Judge Kiddoo, March Term, 1859.
This was a motion to quash and set aside an execution against plaintiff in error, upon the following grounds:
1st. Because said execution issued upon an order or judgment granting alimony to plaintiff in fi. fa.
2d. Be cause the order granting alimony was made in vacation, and at chambers, and without notice to the defendant.
After argument, the court overruled the motion to set aside, and defendant excepted.
Douglass & Douglass; and Redding & Smith, for plaintiff in error.
E. H. Beall; and McCay & Hawkins, contra.
By the Court.—Stephens, J., delivering the opinion.
The power of granting temporary alimony during the pendency of a divorce suit was elaborately discussed and was decided by this court, in the case of McGce vs. McGee, 10 Ga. Rep. 417. We think it was rightly held to be a power belonging to the superior court, as an incident to its jurisdiction over divorces. It belongs to the court, and not to the judge, and, therefore, can not be exercised by him in vacation. We think, also, the party against whom this alimony is allowed, should have notice and an opportunity of being heard.
We think, also, that the proper mode of enforcing an order for alimony is by attachment and not by fieri facias.
Judgment reversed.
To continue reading
Request your trial
-
Lipton v. Lipton
...exclusive remedy for the enforcement of such orders until the legislature adopted the Code of 1863. Cason v. Cason, 15 Ga. 405; Goss v. Goss, 29 Ga. 109(2); Goodrum v. Goodrum, 202 Ga. 135, 42 S.E.2d 450. But by section 1691 of the Code of 1863, an allowance for alimony, including counsel f......
-
Edgerton v. Edgerton
...Lawson v. Shotwell, 27 Miss. 630; Bankston v. Bankston, Id. 692; Bowman v. Worthington, 24 Ark. 529; McGee v. McGee, 10 Ga. 477; Goss v. Goss, 29 Ga. 109; Fischli Fischli, 1 Blackf. 360; Muckenburg v. Holler, 29 Ind. 139; Moon v. Baum, 58 Ind. 194; Chestnut v. Chestnut, 77 Ill. 346; Trotter......
-
Lloyd v. Lloyd
... ... temporary alimony for the wife as incidental to the power to ... grant divorce. McGee v. McGee, supra; Goss v. Goss, ... 29 Ga. 109. Permanent alimony in conjunction with an absolute ... divorce was unknown to the common law or to the ... ecclesiastical ... ...
-
Brown v. Brown
...30-204), it was at one time said by this court that attachment and not fieri facias was the proper mode for enforcing such an order. Goss v. Goss, 29 Ga. 109. In an earlier case it was remarked that attachment was appropriate remedy. Cason v. Cason, 15 Ga. 405. An order of commitment to jai......