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Riddle v. Miller

Supreme Court of Georgia
Sep 5, 1978
248 S.E.2d 616 (Ga. 1978)
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Summary

In Riddle, we determined that a divorce was the “only authorized judicial means for dissolving” the void marriage and that child support could be awarded in the divorce proceeding as a necessary remedy.

Summary of this case from Wright v. Hall
See 3 Summaries

Opinion

33819.

SUBMITTED JULY 14, 1978.

DECIDED SEPTEMBER 5, 1978. REHEARING DENIED SEPTEMBER 26, 1978.

Complaint in equity. Fulton Superior Court. Before Judge Wofford.

J. Melvin England, for appellant.

W. Burton Cowley, Richard K. Greenstein, for appellee.

NICHOLS, Chief Justice.

This is the second appearance of this case before this court. See Riddle v. Riddle, 240 Ga. 515 ( 241 S.E.2d 214) (1978). After this case was remanded to the trial court for further consideration, the appellant filed an amendment to his complaint in equity to set aside the 1970 divorce decree.

After enumerating exceptions not applicable to the present case Code Ann. § 81A-160 (f) states the general rule that all other motions, complaints or proceedings to set aside or attack judgments shall be brought "within three years from entry of the judgment complained of." The appellant's complaint in equity originally was filed more than three years after the entry of the challenged divorce decree.

Accordingly, the order of the trial court dismissing the complaint is affirmed. Johnson v. Johnson, 230 Ga. 204 ( 196 S.E.2d 394) (1973).

Judgment affirmed. All the Justices concur.

NICHOLS, Chief Justice.

SUBMITTED JULY 14, 1978 — DECIDED SEPTEMBER 5, 1978 — REHEARING DENIED SEPTEMBER 26, 1978.

Summaries of

Riddle v. Miller

Supreme Court of Georgia
Sep 5, 1978
248 S.E.2d 616 (Ga. 1978)

In Riddle, we determined that a divorce was the “only authorized judicial means for dissolving” the void marriage and that child support could be awarded in the divorce proceeding as a necessary remedy.

Summary of this case from Wright v. Hall

In Miller v. Riddle, 227 Ill. 53, 81 N.E. 48, a trust fund had been created by a will for the benefit of the Baptist Church at Old Town. The church building had become dilapidated, no services had been held for fifteen years, and the church or society had disbanded or dissolved by non-user or failure to act.

Summary of this case from Arnold v. Methodist Episcopal Church

In Riddle v. Miller, 19 Or. 468 (23 P. 807), it was held that an attaching creditor who as against third persons is, by Section 301, Or. L., deemed an innocent purchaser for value, takes his lien subject to any outstanding equity of which he has knowledge or notice.

Summary of this case from Thompson v. Hendricks
Case details for

Riddle v. Miller

Case Details

Full title:RIDDLE v. MILLER

Court:Supreme Court of Georgia

Date published: Sep 5, 1978

Citations

248 S.E.2d 616 (Ga. 1978)
248 S.E.2d 616

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