54 Ga. 560 | Ga. | 1875
This was a bill filed by the complainant against the defendant, under the provisions of the 1747th section of the Code, in which the complainant alleges that she has been compelled to separate from her husband on account of his cruel treatment, with a prayer for the allowance of alimony for the support of herself and child, and payment of counsel fees. On hearing the defendant’s answer; and the various affidavits of the respective parties contained in the record, the presiding judge ordered the defendant to pay, for the use of herself and child, as temporary alimony, the sum of $40 00 per month, to be paid monthly, and the further sum of $100 00 for counsel fees, to which order the defendant excepted. It appears from the evidence in the record, that the defendant has provided for the ample support and education of his child until she is twenty-one years of age, by the conveyance of property to a trustee for that purpose. In view of the condition of the parties as disclosed by the evidence in the record, and in view of the fact that the defendant has made provision for the support
Judgment reversed.
