Davis v. Davis
Davis v. Davis
Opinion of the Court
The sole exception under review is to an order sustaining a general demurrer, asserting want of jurisdiction, to a petition for permanent alimony.
Dora Green Davis, alleging that she was a resident of Fulton County, Georgia, filed her suit in the Superior Court of Fulton County against Ernest N. Davis, a resident of New York, seeking to subject by decree all of the right, title, and interest of the defendant in and to certain described real estate situated in Stephens County, Georgia,' as permanent alimony. There was a prayer that the defendant be served by publication. The defendant demurred to the petition on the ground that the petition showed that the court was without jurisdiction of the property against which the judgment was prayed.
Although the courts of this State have authority to seize the property of a nonresident defendant which is located within this State and to apply it to the payment of his debts by a judgment
It affirmatively appearing that the defendant is a nonresident against whom no personal judgment could be rendered, and that the only relief sought is an award of permanent alimony against the real estate of the nonresident located in Stephens County, there was no error in sustaining the general demurrer of the defendant, asserting want of jurisdiction of Fulton Superior Court to entertain this action.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.