Supreme Court of Georgia, 1948

Walden v. Chester

Supreme Court of Georgia · Decided October 11, 1948 · Atkinson, Bell

49 S.E.2d 760; 204 Ga. 323; 1948 Ga. LEXIS 420 (South Eastern Reporter, Second Series)

Opinion of the Court

Atkinson, Presiding Justice.

Where, after the granting of a total divorce, the former wife brings a rule for contempt against her former husband for the failure to pay stated temporary alimony previously awarded to *324 the wife and not paid pending the granting of a total divorce, and upon the hearing there is some evidence that, in making a settlement for alimony prior to taking the decree for total divorce, such settlement included the award for temporary alimony, the trial judge did not abuse his discretion in declining to hold the former husband in contempt and in declining to award attorney’s fees for services in the contempt proceedings.

No. 16348. October 11, 1948. Alton T. Milam, for plaintiff. E. L. Rowland and W. C. Brinson, for defendant.

Judgment affirmed.

All the Justices concur, except Bell, J., absent on ' ■ account of illness.

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