152 Ga. 627 | Ga. | 1922
The plaintiff in error filed a libel for divorce against the defendant in error, to the September term, 1919, of the superior court. At the March term, 1920, the plaintiff and the defendant entered into a written agreement settling the question of alimony and attorney’s fees, by the terms of which the defendant was to pay plaintiff temporary and permanent alimony and attorney’s fees in the sum of $1000, to be paid as follows: $500 cash and a note payable to plaintiff due October 15, 1920, for the sum of $500. This agreement was not made the order of the court at the March term, 1920. A verdict and decree were rendered June 21, 1920, granting a total divorce between the'parties;' but' no' verdict or judgment for alimony was taken, and no exception was taken to the verdict and decree as rendered. Subsequently the plaintiff in error filed a petition in the superior court, against the defendant, praying that he show, cause before the court and judge thereof why the defendant should not pay the sum of $500 with interest from March, 22, 1920, at 8 per cent, per annum until date of payment, the defendant having failed to pay the deferred payment of $500. This petition was sworn to on April 1, 1921. On April 2, 1921, the judge passed an order nisi, requiring the defendant to show cause on April 6, 1921, why he should not pay to the plaintiff the sum of $500 with interest. The defendant filed a demurrer to this petition, first, because there
1. The court did not err in sustaining the motion and setting aside the nunc pro tunc order requiring the defendant to pay the plaintiff alimony.
2. The decree granting a total divorce between the parties to the case, which was not excepted to, could not be amended subsequently by a nunc pro tunc order, an inspection of the record showing nothing there to authorize such amendment, and parol proof can not furnish a ground of amendment not in the record. Dixon v. Mason, 68 Ga. 478 (2); Richards v. McHan, 139 Ga. 37 (3), 39 (76 S. E. 382); Rice v. Farmers Bank of Bowman, 149 Ga. 530 (101 S. E. 178); 1 Black on Judgments, § 154.
Judgment affirmed,.