STANLEY v. STANLEY., 244 Ga. 417, 260 S.E.2.d 328
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Summary
Judgment affirmed in part and reversed in part. All the Justices concur, except Hill and Bowles, JJ., who dissent.
Summary
Judgment affirmed in part and reversed in part. All the Justices concur, except Hill and Bowles, JJ., who dissent.
Text
Harben, Jr., for appellee.William I. Sykes, Jr., for appellant.
This is a contempt case brought by the wife against the husband for failure to make payments on a note she alleges it was his duty to pay under their divorce decree. See Stanley v. Stanley,
1. The trial court did not err in refusing to allow the wife to dismiss her petition. The husband's answer raised against her an issue of contempt. Under Code Ann. 81A-141 (a), "[i]f a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the Court." Arrendale v. Arrendale,
1979
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This document cites
- Supreme Court of Georgia - SIMS v. SIMS; and vice versa., 243 Ga. 276, 253 S.E.2.d 763
- Supreme Court of Georgia - BROWN v. WILSON et al., 240 Ga. 856, 242 S.E.2.d 603 (1978)
- Supreme Court of Georgia - PEPPERS v. PEPPERS., 238 Ga. 411, 233 S.E.2.d 374 (1977)
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