Opinion

Brown v. Brown

  • 210 Ga. 238
  • 78 S.E.2d 519
  • 1953 Ga. LEXIS 534
Court
Supreme Court of Georgia
Filed
Nov 12, 1953
Status
Published
Author
Hawkins
On the bench
Hawkins
Cited by
0 cases
Authority
More cited than 27.8%

The opinion

Hawkins, Justice.

This being a rule to enforce the payment of alleged past due and unpaid weekly instalments of permanent alimony awarded to the minor child of the plaintiff and the defendant by a decree dated November 6, 1944, which this court has held in Brown v. Brown, ante, was not affected by the subsequent voluntary cohabitation of the husband and wife, it was error for the trial judge to abate and dismiss this proceeding on motion, because of the pendency of a proceeding for divorce, temporary and permanent alimony for herself and child and for attorney’s fees, brought by the wife of the defendant after a separation which took place following the voluntary cohabitation, that proceeding and the present rule for contempt, while between the same parties, not being for the same cause of action. Underwood v. Underwood, 139 Ga. 241 ( 77 S. E. 46 ); Mosely v. Mosely, 181 Ga. 543 ( 182 S. E. 849 ); Dempsey v. Dempsey, 203 Ga. 225 ( 46 S. E. 2d 156 ). See also, in this connection, Varble v. Hughes, 205 Ga. 29 ( 52 S. E. 2d 303 ); Wright v. Wright, 205 Ga. 524 ( 54 S. E. 2d 596 ).

Judgment reversed.

All the Justices concur, except Duckworth, C. J., not participating.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.