Smith v. Smith

• Decision Date: 10 June 1957
• Docket Number: No. 19703,19703
• Citation: 213 Ga. 290,99 S.E.2d 141
• Parties: Joseph Haynes SMITH v. Mrs. Evelyn SMITH.
• Court: Georgia Supreme Court

Page 141

99 S.E.2d 141

213 Ga. 290

Joseph Haynes SMITH v. Mrs. Evelyn SMITH.

No. 19703.

Supreme Court of Georgia.

June 10, 1957.

Mrs. Evelyn Smith filed a rule for contempt against Joseph Haynes Smith for failure to pay alimony. It was alleged that: She and the defendant entered into a contract whereby the defendant was to pay to her the sum of $20 per week for her support. The contract was made a part of the final judgment and decree in the divorce granted to her in September, 1954. The defendant is in arrears in the amount of $40 and has refused to pay this amount.

A rule nisi was duly issued and served. On the hearing the judge found the defendant to be in arrears in the amount of $280, and in contempt of court. It was provided that the defendant might purge himself of the contempt by paying $10 per week, in addition to the regular weekly payments.

The defendant excepted, and assigns the judgment 'as error as being contrary to the law and evidence in the case.' The bill of exceptions specifies as material to a clear understanding of the errors complained of, certain records, and: '5. A brief of the evidence submitted by both parties on the 20th day of February, 1957.' The clerk of the superior court certifies that the brief of evidence specified is 'not of file and record in this office.'

J. Sidney Lanier, East Point, for plaintiff in error.

Barrett & Hayes, Atlanta, for defendant in error.

Syllabus Opinion by the Court.

HEAD, Justice.

There being in the present case no question which can properly be adjudicated without reference to the evidence, and there being no evidence in either the bill of exceptions or the transcript of the record, it will be assumed that the judgment of the court below is correct. Ingram v. Clarke, 96 Ga. 777, 22 S.E. 334; Roberts v. City of Cairo, 133 Ga. 642, 648, 66 S.E. 938; Henriot v. Henriot, 183 Ga. 510, 188 S.E. 684; Eller v. Roan & Lamb, Inc., 193 Ga. 877, 20 S.E.2d 253; McCaskill v. Parker, 204 Ga. 398, 50 S.E.2d 14; Attaway v. Duncan, 206 Ga. 230, 56 S.E.2d 269; Giles v. Peachtree Pantries, 209 Ga. 536, 74 S.E.2d 545; Rowell v. Rowell, 211 Ga. 127, 130, 84 S.E.2d 23.

Judgment affirmed.

All the Justices concur.