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128 Ga. 54

King v. King

Supreme Court of Georgia

Decided April 10, 1907

Supreme Court of Georgia · decided 1907-04-10

<p>Petition for temporary -alimony. Before Judge Martin. Pulaski superior court. December 8, 1906.</p>

Relies on Stallings v. Stallings

Good law ✅— No negative treatment on recordhow we know

Decided 1907-04-10

How this case has been cited

Cited by 3 later decisions — most recently January 1942

3 state decisions

1019071910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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LUMPKIN, J.

¶11. An application for temporary alimony must be based on a pending suit for divorce or for permanent alimony. Stallings v. Stallings, 127 Ga. 464.

¶22. Where a petition for temporary alimony showed that the husband and wife were living separate, but no action for divorce or permanent alimony was pending, and the petition itself prayed neither permanent alimony nor process, but only for temporary alimony and counsel fees, a demurrer raising such point was well taken, and, the prayer for temporary alimony was properly refused.

¶3Judgment affirmed.

Fish, C. J., absent. The other Justices concur.
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