44 S.E.2d 116 | Ga. | 1947
The discretion of the trial judge in allowing temporary alimony will not be controlled unless that discretion is shown to have been abused.
"On application for temporary alimony, the merits of the cause are not in issue, though the judge in fixing the amount of alimony may inquire into the cause and circumstances of the separation rendering the alimony necessary, and in his discretion may refuse *644
it altogether." Code, § 30-205. Under numerous decisions of this court, the discretion of the judge in allowing or disallowing temporary alimony under this section will not be controlled unless that discretion is shown to have been abused. Under the conflicting evidence, and other evidence before the court, it can not be said that any abuse of discretion appears in the allowance of such alimony. Cook v. Cook,
Accordingly, the judgment allowing temporary alimony will not be disturbed.
Judgment affirmed. All the Justices concur, except Wyatt, J.,who took no part in the consideration or decision of this case.