5 S.E.2d 374 | Ga. | 1939
1. Although the husband denied that he drove the wife from the home with a gun or otherwise, and on cross-examination she testified that he did not point a gun at her or threaten her with it, she stated on direct examination that "he got a shotgun and told me to get out," and continued to testify on cross-examination that he "had it when he told me to leave." This evidence was sufficient to authorize a finding by the judge that the wife, under her petition for alimony without a divorce, had been "driven off by her husband," and therefore was entitled to temporary alimony. Code, §§ 30-205, 30-210, 30-213. See Gaulding v. Gaulding,
2. "A reasonable allowance [for temporary alimony] under all the circumstances is proper, even though the husband at the time of the hearing may have no property or employment," and be merely of a robust health with an earning capacity. Hall v. Hall,
(a) "The order allowing [temporary] alimony shall be subject to revision by the [trial] court at any time." Code, § 30-204; Wilkins v. Wilkins,
(b) Under the evidence, the husband was a hard-working negro farmer, who had only a half interest in such profit as he might make from a 1939 crop, from which, as he testified, he expected nothing; and $100 in bonus bonds, a 1931 automobile in running condition but "not worth much," and nothing more. While, in view of these limited resources, the allowances of $15 for attorney's fees, payable at $5 a month, and $20 a month for temporary alimony, payable at $5 a week, appear liberal and likely soon to exhaust all the present assets of the husband, yet since such properties were sufficient at the time of the order to meet the current payments, and the question as to profit from the 1939 crop was not determined, this court will not hold that the awards were an abuse of discretion, especially in view of the sick condition of the wife, and the power of the court later to reduce the amounts, if the circumstances should render such an order proper.
Judgment affirmed. All the Justices concur.
As to the financial ability of the husband, the evidence showed that he had paid in cash the doctor's bills for his wife and other bills, and had nothing else coming to him from last year's cotton, which had been sold; that he then had two bonus bonds of $50 each, which was all that remained from such bonds after he had paid the doctor's bills and other living expenses; that he owned a 1931 Chevrolet car in running condition, but "old and not worth much;" that he made no money in the previous year from a farm owned by his mother, with whom he lived and divided such money as they made; that "from what I see now of the crop for this year, I don't believe I will make anything this year;" and that he had no income.