Peebles v. Peebles
| Decision Date | 14 June 1938 |
| Docket Number | 12380. |
| Citation | 197 S.E. 783,186 Ga. 222 |
| Parties | PEEBLES v. PEEBLES. |
| Court | Georgia Supreme Court |
Error from Superior Court, Lowndes County; W. E. Thomas, Judge.
Action by J. L. Peebles, against E. J. Peebles to have a verdict and decree for permanent alimony set aside. From an order denying the relief sought, the petitioner brings error.
Affirmed.
SYLLABUS BY EDITORIAL STAFF.
Hamilton Burch, of Valdosta, for plaintiff in error.
Geo. E. Simpson, of Valdosta, for defendant in error.
Syllabus OPINION
A petition was filed in which the plaintiff alleged that on a named date he and his former wife had been divorced, and that there had been rendered in her favor a decree for permanent alimony of $50 per month for a period of two years, on which the plaintiff had paid $100; that He prayed for judgment and decree of the court setting aside the former verdict and decree of the court for permanent alimony. The court ordered as follows: 'This petition is denied, because the alleged cohabitation, if true, happened after the final verdict and decree for a divorce and alimony, at a time when they were no longer husband and wife.' The plaintiff assigns error on this judgment as contrary to law. Held, that the court did not err in holding that inasmuch as the so-called cohabitation between two persons who were formerly husband and wife, but had been divorced, transpired subsequently to the rendition of the final verdict and decree of divorce and permanent alimony, the judgment for alimony was not affected thereby.
Judgment affirmed.
All the Justices concur.
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