Holleman v. Holleman
| Citation | 69 Ga. 676 |
| Parties | Holleman. vs. Holleman. |
| Decision Date | 30 September 1882 |
| Court | Supreme Court of Georgia |
Alimony. Husband and Wife. Before Judge simmons. Houston Superior Court. April Term, 1882.
Mrs. Holleman filed a bill against her husband for permanent alimony, and pending the case, filed her petition for temporary alimony. This was granted July 4, 1879, and the defendant was ordered to pay to the complainant twenty dollars per month. On April 22, 1880, the main case was tried, and resulted in a verdict and judgment vesting in the wife one-half of the property of the husband described therein. To this judgment the defendant excepted, and carried the case to the Supreme Court, where the judgment was affirmed. After the trial and verdict finding permanent alimony, the defendant failed to pay temporary alimony. On the return of the remittitur from the Supreme Court, it was entered and complainant moved for an attachment to compel the defendant to pay the installments of temporary alimony falling due from the date of the verdict to the entering of the remittitur. On the hearing, the court ordered this to be done, and defendant excepted.
Duncan & Miller, for plaintiff in error. Davis & Riley; Hall & Giles, for defendant.
The sole point for review made in this record is, whether temporary alimony, pending an action for permanent alimony, ceases with the verdict and judgment in the superior court, or continues until the termination of the litigation in this court by an affirmance of the judgment below.
By section 1737 of our Code, temporary alimony may be granted in applications for permanent alimony as well as suits for divorce, pending the cause. The cause is pending just as long as it is litigated, whether in the superior court or in this court, and the language of the statute settles the point.
If we go outside of the words of the act and look to its reason and spirit, the same conclusion is reached. The wife needs money to litigate in this court as well as in the superior court. She needs food and raiment as much pend-ing the litigation here as there; and the reason on which the law bases her temporary alimony is the need she has of these necessaries, as well that she may live as that she may litigate.
It may be that she cannot retain both permanent and temporary alimony, because the latter, when realized, dis-penses with the former; but until she realizes the permanent provision, she must have the temporary supplies.
That apparent...
To continue reading
Request your trial