STROUD v. STROUD., 226 Ga. 769, 177 S.E.2.d 574 (1970)
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Summary
Judgment affirmed. All the justices concur.
Summary
Judgment affirmed. All the justices concur.
Text
Hugh M. Howell, Jr., for appellee.Hester & Hester, Frank B. Hester, Richard M. Hester, for appellant.
On July 14, 1965, a decree was entered in a divorce action between Dorothy Mitchell Stroud and William R. Stroud which included alimony based upon an agreement between the parties. Thereafter in February 1970 the wife filed an affidavit seeking a judgment and fi. fa. for past due payments. On April 30, 1970, the husband filed a "Motion to Vacate and Set Aside Judgment and Execution (Fi. Fa.)." Pursuant to the prayers of such motion a hearing was held in which the trial court refused to declare unconstitutional the procedure whereby a wife may obtain an execution to collect due alimony based solely on her affidavit without an evidentiary hearing. Held:
The husband's "motion" being insufficient to raise a question as to the constitutionality of the procedure authorized by Code 30-204, and no other question being raised by the enumeration of error, the judgment of the trial court overruling such motion must be affirmed.
1970
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