171 Ga. 444 | Ga. | 1930
Mrs. Nell B. Walden brought suit for divorce and alimony against Talmadge M. Walden, in Ben Hill superior court. Hpon the hearing for temporary alimony and attorney’s fees, Honorable D. A. R. Crum, judge of the court, denied the prayer for any temporary alimony. To this judgment Mrs. Walden excepted
A reading of the judgment rendered by the trial judge shows plainly that it was his intention that the defendant was to pay $30 per month as temporary alimony from the date “of the rendition of the original judgment by the Honorable D. A. E. Crum,” which was on May 11, 1929, as appears from the order of the judge trying the case, who had the record before him. By inadvertence the date of the rendition of the former judgment was stated as the first day of October, 1929. This was evidently a clerical error, and the judge properly so changed it as to recite the correct date of the former judgment, and so as to make the alimony which he allowed commence at the proper date.
The attorneys’ fees allowed in the case constitute a part of the wife’s temporary alimony, and were recoverable by her, and the judgment, properly framed, should have read that “the plaintiff do recover for attorneys’ fees” the amount allowed. But the real meaning of the judgment as passed by the court was the same as if he had worded the judgment as suggested above; and the judgment will not be reversed merely because in terms the judg.ment allows the attorneys for the plaintiff to recover the amount fixed as attorney’s fees.
The fact that one of the attorneys for the plaintiff had been paid a fee by a third person who, in the answer of the respondent, had been charged with improper relations with libellant, did not prevent that attorney from representing the plaintiff in the suit; and as attorney for the plaintiff he was entitled to reasonable fees for his services in the plaintiff’s behalf; and there is no complaint that the amount allowed was excessive.
Judgment affirmed.