Supreme Court of Georgia, 1978

Peck v. Peck

Peck v. Peck
Supreme Court of Georgia · Decided September 27, 1978 · Undercofler
242 Ga. 260; 248 S.E.2d 655; 1978 Ga. LEXIS 1168

Peck v. Peck

Opinion of the Court

Undercofler, Presiding Justice.

The wife appeals complaining (1) that she was awarded no alimony contrary to the evidence, and (2) that the court’s charge that she was not entitled to alimony if her adultery caused the separation was error, there being no such evidence. We affirm. The wife’s petition asks that she be awarded as alimony a jointly owned 1974 Buick automobile. The jury awarded the automobile to her and directed the husband to pay the indebtedness. Consequently, it cannot be said the wife was denied all alimony and thus the charge complained of was harmless. Pearlman v. Pearlman, 238 Ga. 259 (232 SE2d 542) (1977).

Judgment affirmed.

All the Justices concur. Submitted September 19, 1978 Decided September 27, 1978. Brannon, Brannon, Hardman & Brannon, William S. Hardman, for appellant. Walters, Davis, Ellis & Smith, J. Harvey Davis, for appellee.

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