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181 Ga. 310

Seigler v. Seigler

Supreme Court of Georgia

Decided October 16, 1935

Supreme Court of Georgia · decided 1935-10-16

Relies on Kantzipper v. Kantzipper

Good law ✅— No negative treatment on recordhow we know

Decided 1935-10-16

How this case has been cited

Cited by 9 later decisions — most recently May 1971

9 state decisions

5019351940195019601970decided

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, Justice.

¶11. The record shows that a suit for divorce was made returnable to the July term, 1934, of the superior court, and a judgment for permanent alimony was rendered on June 27, 1934, between the parties in the divorce proceeding. The court was without jurisdiction to render a judgment for permanent alimony at or before the appearance term, and such jurisdiction could not be conferred by consent of the parties. Kantzipper v. Kantzipper, 179 Ga. 850 (177 S. E. 679).

¶22. The judgment for permanent alimony, being' void for lack of jurisdiction, could not be the basis of contempt proceedings against the defendant for failure to pay permanent alimony; and the court, not having *311jurisdiction of the contempt’ proceedings, erred in not setting aside the rule nisi, and in adjudging the defendant in contempt.

No. 10910.October 16, 1935.M. Eerzberg, for plaintiff in error. Brackett & Brennan, contra.

¶3Judgment reversed.

All the Justices concur, except Russell, O. J., absent because of illness.
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