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169 Ga. 366

Ogletree v. Ogletree

Supreme Court of Georgia

Decided October 19, 1929

Supreme Court of Georgia · decided 1929-10-19

Relies on Sweat v. Sweat · Nipper v. Nipper · Hester v. Exley & Keller

Good law ✅— No negative treatment on recordhow we know

Decided 1929-10-19

How this case has been cited

Cited by 5 later decisions — most recently October 1974

5 state decisions

20192919301940195019601970decided

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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Hill, J.

¶11. Under the pleadings and conflicting evidence the court did not abuse his discretion in granting to the plaintiff and minor child temporary alimony of $40 per month until the trial, and $35 attorneys’ fees, and in awarding the custody of the child to the plaintiff pending suit, and in requiring a ne-exeat bond. Nipper v. Nipper, 129 Ga. 450 (59 S. E. 226).

¶22. The motion to dismiss the bill of exceptions as being premature is denied. Civil Code (1910), § 2987; Bender v. Bender, 98 Ga. 717 (25 S. E. 924).

¶33. There was a prayer for attorneys’ fees. It is contended by plaintiff in error that there is no evidence in the record in regard to the employ*367ment of counsel by the defendant in error, or as to the amount or value of services rendered by such counsel. The court has a discretion as to the sum allowed for counsel fees, even where there is no evidence as to the value of services rendered. Sweat v. Sweat, 123 Ga. 801 (51 S. E. 716); Reynolds v. Reynolds, 130 Ga. 460 (2) (60 S. E. 1053).

No. 7180.October 19, 1929.W. Howell Morrow and L. L. Meadors, for plaintiff in error.L. B. Wyalt, contra.

¶4Judgment affirmed.

All the Justices concur.
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