Hughes v. Hughes
| Decision Date | 12 August 1909 |
| Citation | 65 S.E. 404,133 Ga. 187 |
| Parties | HUGHES v. HUGHES. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
Where, pending a suit for permanent alimony, an application is made for temporary alimony under the provisions of Civ. Code 1895, § 2467, the judge at chambers, and in a county other than that in which the defendant resides, has jurisdiction, where proper notice has been given to the defendant, to award temporary alimony and counsel fees to the wife. Yoemans v. Yoemans, 77 Ga. 124, 3 S.E. 354.
"On the hearing of an application for 'temporary alimony, including expenses of litigation,' the judge may allow as counsel fees such sum as in his discretion appears proper under all the facts and circumstances of the case, although there is no evidence before him fixing any amount as to the value of the services rendered and to be rendered by the plaintiff's counsel." Sweat v. Sweat, 123 Ga. 801, 51 S.E. 716.
The trial judge did not abuse his discretion in awarding to the wife, as temporary alimony and attorney's fees, the amount fixed in his judgment herein.
Error from Superior Court, Decatur County; Frank Park, Judge.
Action between J. M. Hughes and B. L. Hughes. From the judgment, J. M. Hughes brings error. Affirmed.
G. G. Bower, for plaintiff in error.
R. G. Hartsfield, for defendant in error.
Judgment affirmed. All the Justices concur.
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