Holleman v. Holleman

• Decision Date: 24 October 1882
• Citation: 69 Ga. 676
• Parties: HOLLEMAN v. HOLLEMAN.
• Court: Georgia Supreme Court

69 Ga. 676

HOLLEMAN v. HOLLEMAN.

Supreme Court of Georgia.

October 24, 1882

September Term, 1882.

Temporary alimony pending an action for permanent alimony does not cease with the verdict and judgment in the superior court, where the case is brought to the Supreme Court, but continues (within the discretion of the court until the termination of the litigation in all the courts.

( a. ) When the permanent alimony is realized, the equities between the litigants in respect to setting off the temporary alimony pending the litigation against permanent alimony for the same time, can be adjusted, and these may vary according to the nature of the permanent provision and the circumstances of each case.

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.

JACKSON Chief Justice.

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...