Smith v. Smith
Smith v. Smith
Opinion of the Court
Eulalar D. Smith filed a petition against B. B. Smith, in. which she prayed for a divorce and also that he be restrained from interfering with her in the peaceable occupancy and enjoyment of her house and home and furnishings and appurtenances. ' The court granted a temporary restraining order as prayed, which was served upon the defendant. Subsequently the wife filed a petition alleging that her husband had been duly served with a copy of the petition in the libel for divorce, together with a copy of the restraining order of the court, but that notwithstanding the restraining order he had returned to the home and had since remained in possession of the premises, and refused to vacate the same or allow her to obtain possession of her household goods and clothing, in disregard and contempt of the order of the court. She prayed that he be cited to appear to answer why he should not be adjudged in contempt. The defendant in his answer admitted service of the libel for divorce and the order of the court, and for answer set up, that he had never been married to the plaintiff; that the house in which they were living belonged to him; that he caused a deed to the same to be executed to her on a promise that she would marry him; and that he had filed a petition in the superior court of Bibb county to cancel this deed. Hpon hearing the evidence the court adjudged the respondent to be in contempt of the restraining order, and suspended punishment provided he would immediately obey that order. Whereupon the respondent sued out a bill of exceptions.
1. On the hearing the respondent offered to prove that he and the plaintiff had entered into an agreement to marry, on the
2. The evidence was sufficient to show a violation of the restraining order. Judgment affirmed.
Reference
- Full Case Name
- SMITH v. SMITH
- Status
- Published