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146 Ga. 112

Combs v. Combs

Supreme Court of Georgia

Decided November 16, 1916

Supreme Court of Georgia · decided 1916-11-16

Temporary alimony. Before Judge Walker. Taliaferro superior court. January 12, 1916.

Relies on Pitts v. Pitts

Good law ✅— No negative treatment on recordhow we know

Decided 1916-11-16

How this case has been cited

Cited by 5 later decisions — most recently September 1951

5 state decisions

2019161920193019401950decided

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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Atkinson, J.

¶1“An application for temporary alimony must be’ based on a pending suit for divorce or for permanent alimony. In the present ease the' petition was one merely for temporary alimony, and did not give the judge jurisdiction at chambers, in the absence of a showing that there was a suit for divorce or for permanent alimony pending, to allow temporary alimony.” Pitts v. Pitts, 144 Ga. 423 (87 S. E. 391).

¶2(а) The ruling just stated going to the jurisdiction of the court relating to the subject-matter, it was not too late to raise the question for the first time by excepting to the judgment.

¶3(б) Applying the foregoing principles, it was erroneous to grant temporary alimony. Judgment reversed.

All the Justices concur.
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