¶1dissenting.
¶2I respectfully dissent due to the inherent power of the court.
¶3Many years ago, Mrs. McGee sued Mr. McGee for divorce, but the jury was unable to agree. Mrs. McGee moved for an allowance of temporary alimony for her maintenance and support pending the litigation. The trial court awarded it to her and her husband appealed, urging that our statutes authorized alimony only after a divorce decreed by a jury. This court agreed with the husband’s interpretation of the statutes. Nevertheless, the court held that, having jurisdiction to grant the wife a divorce and alimony in a trial by jury, the trial judge had the power to grant temporary alimony. McGee v. McGee, 10 Ga. 477 (1) (1851).
¶4Here, the trial court has jurisdiction to modify the alimony award. Therefore, in my view, the trial court has the inherent power to grant a temporary modification. Modern day court congestion requires that our courts have such power. I therefore dissent.