TaiLexi AI U.S. Case Law

Spooner v. Spooner

Spooner v. Spooner, 97 S.E. 670 (Ga. 1918)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Georgia · State Highest Courts
Decided
December 11, 1918
Docket
No. 896
Judges
Atkinson, Beck
Citations
97 S.E. 670148 Ga. 6121918 Ga. LEXIS 463
Summary
Temporary alimony, etc. Before Judge Harrell. Decatur superior court. January 5, 1918.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Atkinson

Text extracted by OCR from a scanned original; check the original for exact wording.

Atkinson, J.

1. While a person is temporarily non compos mentis he is not authorized to maintain a suit in his own name. Thomas v. Thomas, 145 Ga. Ill ( 88 S. E. 584 ). But where, though very weak in mind, he has enough -capacity to understand the nature of a particular cause of action, and will enough to desire to bring a suit thereon, he may do so without a next friend or guardian. Calhoun v. Moseley, 114 Ga. 641 ( 40 S. E. 714 ).

(a) On conflicting evidence the judge was authorized to hold that the plaintiff had sufficient mental capacity to institute and prosecute her suit for temporary alimony without a next friend or guardian.

2. Taking into consideration the condition of the husband, and the station in life of the parties, and the necessities of the wife, there was no abuse of discretion in allowing plaintiff $150 per month as temporary alimony.

3. Under all the circumstances of the case the allowance of $3500 as attorneys’ fees was an abuse of discretion.

Judgment affirmed in pari, and reversed in part.

All the Justices concur, ecocept

Dissent — Beck

Text extracted by OCR from a scanned original; check the original for exact wording.

Beck, P. J.,

dissenting. I dissent from so much of the ruling above as sets aside the judgment allowing attorney’s fees. The amount allowed as alimony is not necessarily the measure of the amount to be allowed as attorney’s fees. In view of the grave issues involved and the character of the suit, it can not be said that the judge abused his discretion in allowing the amount stated. Besides, the evidence which the judge had the right to credit as true would have authorized him to And a much larger amount. I do not think it can be said that there was any such flagrant abuse of discretion as to justify a reviewing court in interfering with the judgment.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1919: 11922: 11926: 11931: 11936: 11949: 11982: 12021: 119192026peak 1919 · 1

Relies on it most ⓘ

  1. Akin v. Akin135 S.E. 402 (Ga. 1926)
  2. Huley v. Huley114 S.E. 184 (Ga. 1922)
  3. Carroll v. Carroll160 S.E. 342 (Ga. 1931)
  4. Boyd v. Edwards446 N.E.2d 1151 (Ohio Ct. App. 1982)
  5. Parrish v. Rigell188 S.E. 15 (Ga. 1936)
  6. Spooner v. Spooner100 S.E. 571 (Ga. 1919)

Most recent

  1. McMillan v. McMillan2021 Ohio 698
  2. Boyd v. Edwards446 N.E.2d 1151 (Ohio Ct. App. 1982)
  3. Moore v. Moore53 S.E.2d 343 (Ga. 1949)
  4. Parrish v. Rigell188 S.E. 15 (Ga. 1936)
  5. Carroll v. Carroll160 S.E. 342 (Ga. 1931)
  6. Akin v. Akin135 S.E. 402 (Ga. 1926)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Calhoun v. Mosley, 40 S.E. 714 (Ga. 1902) 15
Thomas v. Thomas, 88 S.E. 584 (Ga. 1916) 12

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list