177 Ga. 833 | Ga. | 1933
One ground of the motion for new trial alleges that the court erred in directing the verdict in favor of the plain
Under the pleadings, the evidence, and the stipulation entered into between the parties, the rights of the wife of John K. Thornton were eliminated on the trial of the case, and the rights of the children of John K. Thornton and Ellen Thornton alone were in issue. The Civil Code (1910), § 2990, provides: “The subsequent voluntary cohabitation of the husband and wife shall annul and set aside all provisions made, either by deed or decree, for permanent alimony. 'The rights of children under any deed of separation or voluntary provision or decree for alimony shall not be affected thereby.” Under application of this provision, properly construed, the verdict for the children was demanded. While the wife could not recover under the deed made for permanent alimony, having subsequently resumed marital relations with her husband and lived with him until his death, yet the rights of the children were not affected by this action on the part of their parents. The deed was