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225 Ga. 612

170 S.E.2d 416

Cates v. Cates

Supreme Court of Georgia

Decided September 29, 1969

Supreme Court of Georgia · decided 1969-09-29

Relies on Graham v. Haley

Good law ✅— No negative treatment on recordhow we know

Decided 1969-09-29

How this case has been cited

Cited by 9 later decisions — most recently July 2014

9 state decisions

40196919701980199020002010decided

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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Grice, Justice.

¶1 Enumerated as error is a ruling that the appellee wife had met the six months’ residence requirement of Code Ann. § 30-107 for filing suit for divorce, and also an order awarding temporary alimony. These enumerations arose out of an action filed in the Superior Court of Murray County by Nancy Geneva Cates against Clarence Randolph Cates, Jr.

¶2 The first of these issues, which was certified for immediate review, involves a question of fact. While there was evidence in support of the husband’s contention that the wife had not resided in Murray County for the six months before she filed her suit, there was ample evidence to sustain the trial court’s ruling, upon motion to dismiss, that she had fulfilled this requirement. She swore categorically that she had lived in a specified portion of Murray County for about six years, had never moved to any other place, and had never intended to reside in another state. Therefore, this enumeration is without merit.

¶3 The second enumeration cannot be considered. This is because the ruling that it complains of, an order granting temporary alimony, was entered on July 11, 1969, which was subsequent to filing of the notice of appeal on July 9, 1969. See Graham v. Haley, 224 Ga. 498, 501 (162 SE2d 346).

¶4 Judgment affirmed.

All the Justices concur.
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