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Smith v. Smith

Supreme Court of Georgia
Jun 10, 1957
99 S.E.2d 141 (Ga. 1957)




DECIDED JUNE 10, 1957.

Alimony; contempt. Before Judge Alverson. Fulton Superior Court. February 20, 1957.

J. Sidney Lanier, for plaintiff in error.

Barrett Hayes, contra.

There being in the present case no question which can properly be adjudicated without reference to the evidence, and there being no evidence in either the bill of exceptions or the transcript of the record, it will be assumed that the judgment of the court below is correct. Ingram v. Clarke, 96 Ga. 777 ( 22 S.E. 334); Roberts v. City of Cairo, 133 Ga. 642, 648 ( 66 S.E. 938); Henriot v. Henriot, 183 Ga. 510 ( 188 S.E. 684); Eller v. Roan Lamb, 193 Ga. 877 ( 20 S.E.2d 253); McCaskill v. Parker, 204 Ga. 398 ( 50 S.E.2d 14); Attaway v. Duncan, 206 Ga. 230 ( 56 S.E.2d 269); Giles v. Peachtree Pantries, 209 Ga. 536 ( 74 S.E.2d 545); Rowell v. Rowell, 211 Ga. 127, 130 ( 84 S.E.2d 23).

Judgment affirmed. All the Justices concur.

SUBMITTED MAY 15, 1957 — DECIDED JUNE 10, 1957.

Mrs. Evelyn Smith filed a rule for contempt against Joseph Haynes Smith for failure to pay alimony. It was alleged: She and the defendant entered into a contract whereby the defendant was to pay to her the sum of $20 per week for her support. The contract was made a part of the final judgment and decree in the divorce granted to her in September, 1954. The defendant is in arrears in the amount of $40 and has refused to pay this amount.

A rule nisi was duly issued and served. On the hearing, the judge found the defendant to be $280 in arrears, and in contempt of court. It was provided that the defendant might purge himself of the contempt by paying $10 per week, in addition to the regular weekly payments.

The defendant assigns the judgment "as error as being contrary to the law and evidence in the case." The bill of exceptions specifies as material to a clear understanding of the errors complained of, certain records, and: "5. A brief of the evidence submitted by both parties on the 20th day of February, 1957." The clerk of the superior court certifies that the brief of evidence specified is "not of file and record in this office."

Summaries of

Smith v. Smith

Supreme Court of Georgia
Jun 10, 1957
99 S.E.2d 141 (Ga. 1957)
Case details for

Smith v. Smith

Case Details

Full title:SMITH v. SMITH

Court:Supreme Court of Georgia

Date published: Jun 10, 1957


99 S.E.2d 141 (Ga. 1957)
99 S.E.2d 141

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