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Jackson v. Jackson

Supreme Court of Georgia
Mar 7, 1979
253 S.E.2d 758 (Ga. 1979)

Opinion

34549.

SUBMITTED FEBRUARY 9, 1979.

DECIDED MARCH 7, 1979. REHEARING DENIED MARCH 27, 1979.

Alimony, etc. Cobb Superior Court. Before Judge Williford, Senior Judge.

Greene, Smith Davis, H. Darrell Greene, for appellant.

Fredericks, Jones Wilbur, Robert L. Wilbur, for appellee.


The parties, formerly husband and wife, were divorced by decree on May 26, 1978. An order settling all issues of alimony, child custody, child support and division of property was entered on November 9, 1978. Said order, in addition to requiring the husband-appellee to make child support payments, provided, "[A]ll the properties of the parties that were acquired since the date of marriage, up to and including the date of separation, October 16, 1977, shall be equally divided between the parties..." Appellant-wife contends that this requires a distribution to appellee of property belonging solely to her, which amounts to an illegal award of alimony to the husband.

No transcript of the evidence introduced at the hearing is presented to us for review on appeal. In the absence of a transcript, we must assume that evidence amended the pleadings under Code Ann. § 81A-115 and authorized the verdict rendered. Lowe v. Lowe, 238 Ga. 350 ( 232 S.E.2d 839) (1977); Pierce v. Pierce, 240 Ga. 289 ( 240 S.E.2d 67) (1977).

Judgment affirmed. All the Justices concur.


SUBMITTED FEBRUARY 9, 1979 — DECIDED MARCH 7, 1979 — REHEARING DENIED MARCH 27, 1979.


Summaries of

Jackson v. Jackson

Supreme Court of Georgia
Mar 7, 1979
253 S.E.2d 758 (Ga. 1979)
Case details for

Jackson v. Jackson

Case Details

Full title:JACKSON v. JACKSON

Court:Supreme Court of Georgia

Date published: Mar 7, 1979

Citations

253 S.E.2d 758 (Ga. 1979)
253 S.E.2d 758

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