Little v. Little

• Decision Date: 10 April 1935
• Docket Number: No. 10533.,10533.
• Citation: 180 Ga. 529,179 S.E. 712
• Parties: LITTLE. v. LITTLE.
• Court: Georgia Supreme Court

180 Ga. 529

179 S.E. 712

LITTLE.

v.LITTLE.

No. 10533.

Supreme Court of Georgia.

April 10, 1935.

Syllabus by the Court.

1. Where a wife instituted proceedings for divorce against her husband, praying for divorce, alimony, and attorney's fees, and where two days thereafter the husband and wife entered into an agreement whereby the wife was to dismiss her action for divorce and the husband was to pay a stipulated sum as alimony, and where the wife addressed to the clerk of the superior court a letter directing him to dismiss her divorce proceedings, and upon this letter appears an entry signed by the judge that plaintiff's attorney desired to be heard on the question of attorney's fees, and also an entry of filing by the clerk, but no formal entry of dismissal appears, and where subsequently the judge passed an order allowing attorney's fees, and where at the same term of court the husband moved that the court set aside the judgment allowing attorney's fees, on the ground that the case had been dismissed, the court did not err in refusing to set aside said judgment allowing attorney's fees.

2. On the hearing the agreement between the parties to the divorce proceeding and the petition for divorce were introduced in evidence. The judge did not err in receiving these papers in evidence over the objection that they were irrelevant and did not tend to illustrate any issue before the court. Nor was it error to allow the attorney for the plaintiff in the petition to set aside the judgment to testify as to what took place when the agreement was entered into for the payment of alimony and the dismissal of the suit for divorce, over the objection that such testimony was irrelevant and because the papers would speak for themselves.

Error from Superior Court, Fulton County; Virlyn B. Moore, Judge.

Suit for divorce and alimony by Mrs. Willie Ruth Little against Jim Little, wherein a judgment was rendered allowing fees to plaintiff's attorney. To review a judgment deny-ing defendant's petition to set aside the judgment allowing fees, defendant brings error. Affirmed.

J. C. Miner, of Atlanta, for plaintiff in error.

Ellis McClelland, of Atlanta, for defendant in error.

HUTCHESON, Justice.

Mrs. Willie Ruth Little sued her husband, Jim Little, for divorce, permanent and temporary alimony, and attorney's fees. The suit was filed and served on June 20, 1934. On June 22, 1934, the husband and wife entered into an agreement with reference to future alimony, and the wife agreed to dismiss her action for a divorce, and on the same day she addressed to the clerk of Pulton superior court a letter as follows: "You are hereby authorized and directed to mark the case of Mrs. Willie Ruth Little vs. Jim Little, No. 102930 Fulton superior court, dismissed by the plaintiff. Yours very truly, Mrs. Willie Ruth Little." Upon this letter was indorsed the following: "Pltff's. atty. desires to be heard before any order of dismissal is taken. E. D. Thomas, Judge. Filed in office this the 25th day of June, 1934. S. W. Huff, Deputy Clerk." On July 31, 1934, the judge made the following order: "The within coming on for a hearing on the...