177 Ga. 483 | Ga. | 1933
(After stating the foregoing facts.) We are constrained in this case to hold that it was an abuse of discretion on the part of the court to refuse some amount, reasonable under all the facts, as temporary alimony and attorney’s fees. No misconduct on the part of the wife is shown, other than the general statement that she nagged and fussed at her husband and tried to boss him. The husband did explain why he was frequently late in returning home at night, showing that his vocation was of such a character as required him to be absent until late at night.
In passing upon the question of the allowance of temporary alimony the trial judge is vested with broad discretion. “Whenever an action for divorce, at the instance of either party, is pending, or a suit by the wife for permanent alimony, the wife may, at any regular term of the court in which the same is pending, apply to the presiding judge, by petition, for an order granting to her temporary alimony pending the cause; and after hearing both parties, and evidence as to all the circumstances of the parties and as to the fact of marriage, the court shall grant an order allowing such tom
Judgment reversed.