1. “Whеnever an action for divorce, at the instance оf either party, or a suit by the wife for permanent alimony, shall be pending, the wife may, at any regular term of the court in whiсh the same shall' be pending, apply to the presiding judge, by рetition, for an order granting to her temporary alimony pending the cause; and, after hearing both parties and evidence as to all the circumstances of the pаrties and as to the fact of msCrriage, the court shall grant an order allowing such temporary alimony, including expensеs of litigation, as the condition of the husband and the facts of the *715 case may justify.” Code, § 30-202. “In arriving at the proper provision, the judge shall consider the peculiar necessities of the wife, growing out of the pending litigation; also any evidence of a separate estate owned by the wifе, and if such estate is ample, as compared with the husbаnd’s, temporary alimony may be refused.” § 30-203. “The order allowing alimony shall be subject to revision by the court at any time, and may be enforced either by writ of fieri facias or by attaсhment for contempt against the person of the husband. A fаilure to comply with the order shall not deprive the husband of his right either to prosecute or defend his cause.” § 30-204. “On application for temporary alimony, the merits of the сause are not in issue, though the judge, in fixing the amount of alimony, may inquire into the cause and circumstances of the seрaration rendering the alimony necessary, and in his discretion may refuse it altogether.” § 30-205.
2. The grant or refusal of tempоrary alimony is a question for the court; that of permanent alimony is for the jury to determine. Where a judge, in the exerсise of his discretion, has fixed and allowed temporary alimony pending the cause for divorce and alimony or fоr permanent alimony, the right to the amount allowed beсomes absolute until the final determination of the causе, unless in the meantime the allowance be revoked оr modified by the judge. Gibson v. Patterson, 75 Ga. 549 (2).
3. “A judgment can not be treated as final so lоng as either of the parties thereto had the right to have the same reviewed by the Supreme Court; and if it is so reviewed, it is not final until their judgment is made the judgment of the trial court.”
Twilley
v.
Twilley,
195
Ga.
298 (
4. “Temporary alimony pending an action for permanent alimony does not cease with the verdict and judgment in the superiоr court, where the case is brought to the Supreme Court, but сontinues (within the discretion of the court) until the termination of the litigation in all the courts.” Holleman v. Holleman, 69 Ga. 676.
5. In accordance with the foregoing rulings, the judgment in favor of the wife for temporary alimony remained operative and in the breast of the court at least until the judge dismissed the proceeding for contemрt, and this represents all that she is now claiming. There being no independent assignment of error on the refusal of the court to permit certain proffered testimony at the contempt proceeding hearing, that question will not be dealt with. To this extent, at least, the claim for temporary alimony was valid and the judge erred in treating it as invalid. ■ Judgment reversed.