Goss v. Goss

Decided June 15, 1859

Supreme Court of Georgia · decided 1859-06-15

Illegality, in Webster Superior Court, Decision by Judge Kiddoo, March Term, 1859. This was a motion to quash and set aside an execution against plaintiff in error, upon the following grounds: 1st. Because said execution issued upon an order or judgment granting alimony to plaintiff inJi.fa. 2d. Because the order granting alimony, was made in vacation, and at chambers, and without notice to the defendant.

Good law ✅— No negative treatment on recordhow we know

Decided 1859-06-15

How this case has been cited

Cited by 4 later decisions — most recently March 1955

4 state decisions

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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— Stephens J.

¶1By the Court.

¶2delivering the opinion.

¶3[1.] The power of granting temporary alimony during the pendency of a divorce suit, was elaborately discussed and was decided by this Court, in the case of McGee vs. McGee, 10 Ga. Rep. 417. We think it was rightly held to be a power belonging to the Superior Court, as an incident to its jurisdiction over divorces. It belongs to the Court, and not to the Judge, and therefore cannot be exercised by him in vacation. We think also, the party against whom this alimony is allowed, should have notice and an opportunity of being heard.

¶4[2.] We think also, that the proper mode of enforcing an order for alimony is by attachment and .not by fieri facias.

¶5Judgment reversed.