Overstreet v. Overstreet

• Decision Date: 12 November 1915
• Docket Number: 75.
• Citation: 87 S.E. 27,144 Ga. 294
• Parties: OVERSTREET v. OVERSTREET ET AL.
• Court: Georgia Supreme Court

87 S.E. 27

144 Ga. 294

OVERSTREET v. OVERSTREET ET AL.

No. 75.

Supreme Court of Georgia

November 12, 1915

Syllabus by the Court.

This case is controlled in principle by the decision in Keefer v. Keefer, 140 Ga. 18, 78 S.E. 462, 46 L.R.A. (N. S.) 527. (a) The fact that in the present case, on an application for the grant of temporary alimony and attorney's fees the court granted an order awarding a certain amount as alimony to the wife, and "ordered further that the question of attorney's fees be held in abeyance" by the court for the submission of testimony as to the value of services rendered and to be rendered in connection with the case, "which hearing shall be" at a certain time, did not differentiate the present case from that above cited. The order passed did not award counsel fees, but directed that the question of attorney's fees "be held in abeyance." While the question was thus in abeyance, if the husband and wife became reconciled and renewed their cohabitation, attorney's fees could not be afterward awarded on application therefor. When the facts above stated were made to appear, the application for attorney's fees should have been dismissed.

In the record, after the order denying the motion to dismiss, appear what purport to be copies of two affidavits made by one of counsel for the plaintiffs, but they form no proper part of the record, and cannot be considered under the ruling in Glover v. State, 128 Ga. 1, 57 S.E. 101.

Error from Superior Court, Tattnall County; W. W. Sheppard, Judge.

Action between M. V. Overstreet and A. J. Overstreet and others. From the judgment, M. V. Overstreet brings error. Reversed.

E. C. Collins, of Reidsville, and Hines & Jordan, of Atlanta, for plaintiff in error.

LUMPKIN, J.

Judgment reversed.

All the Justices concur, except BECK, J., absent on account of sickness.