33 S.E.2d 445 | Ga. | 1945
1. Where a husband sued his wife for a divorce on the ground of cruelty and she filed an answer and cross action denying the alleged cruelty, and praying for permanent and temporary alimony *145
and for an injunction, but not seeking a divorce, the court had jurisdiction when the case as thus made was reached for trial, to limit the trial to the husband's suit for divorce, and to continue the wife's cross-action for permanent alimony to a subsequent term of the court. Code, § 3-510; Lacher v. Manley,
2. Where, under the circumstances above indicated, the jury trying the sole issue as to divorce rendered a verdict against the husband denying the divorce prayed, such verdict did not terminate or abate a judgment for temporary alimony which had been entered on the wife's application therefor before the trial of such divorce issue. See, in this connection, the Code, §§ 30-209, 30-210; Mitchell v. Mitchell,
3. The instant case is distinguished by its facts from the following cases cited for the plaintiff in error: Stoner v. Stoner,
4. Under the preceding rulings, the judgment overruling the motion to dismiss the rule for contempt for failure to pay temporary alimony as awarded was not erroneous for any reason urged.
Judgment affirmed. All the Justicesconcur.
In September, 1944, Mrs. Camp complained that her husband was in default $125 in the payment of temporary alimony, and at her instance a rule for contempt was issued. Her husband responded by a motion to dismiss the rule, upon the following grounds: 1. Said temporary alimony awarded in said case terminated when the jury rendered a verdict denying a divorce on an application for first verdict, and therefore all proceedings thereafter are nugatory. 2. The order and decree in said case rendered on March 10, 1944, providing that the permanent alimony continue for a hearing at some future time was and is without legal sanction, and should be held void and ineffective or set aside. 3. For the above reasons, the said motion for contempt should be dismissed, and the order continuing the permanent alimony should be vacated and set aside. The motion was overruled, and the husband excepted.