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174 Ga. 645

Roberts v. Roberts

Supreme Court of Georgia

Decided March 16, 1932

Supreme Court of Georgia · decided 1932-03-16

Relies on Heakes v. Heakes · Cureton v. Cureton

Good law ✅— No negative treatment on recordhow we know

Decided 1932-03-16

How this case has been cited

Cited by 14 later decisions — most recently September 1979

14 state decisions

5019321940195019601970decided

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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Gilbert, J.

¶11. A decree for alimony from a sister State, providing for future monthly payments, is such a decree as is enforceable in this State, under the full faith and credit clause of the constitution of the United States, as to such payments as have become- due and remain unpaid at the time of the rendition of the judgment in this State, although the foreign court retains jurisdiction for the purpose of modifying the judgment. Cureton v. Cureton, 132 Ga. 745 (2) (65 S. E. 65).

¶22. A judgment of the chancer-y court of the State of Florida, in so far as it relates to the matured and unpaid installments of alimony, -which according to the petition do not appear to have been set aside or modified, is a chose in action and constitutes a debt, and an action can be sustained ■ upon it. Heakes v. Heakes, 157 Ga. 863, 867 (122 S. E. 777).

¶33. The petition in this case contained a prayer for judgment based upon such matured and unpaid installments and for ne exeat, and for such remedy alleged a cause of action. The court therefore erred in sustaining the general demurrer to the petition. Cureton v. Cureton, supra.

¶4Judgment reversed.

All the Justices concur.W. H. Harris and George B. Culpepper Jr., for plaintiff.F. Holmes Johnson and J. W. BarneU, for defendant.
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