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Napier v. Napier

Court of Appeals of Georgia
Feb 4, 1969
166 S.E.2d 583 (Ga. Ct. App. 1969)

Summary

In Napier v. Napier, 119 Ga. App. 143, 166 S.E.2d 583 (1969), the Court held as follows: "Where the plaintiff's motion for summary judgment is supported by an affidavit setting out factual averments sufficient to authorize recovery, and no counteraffidavit or other evidence is offered by the defendant, the motion should be granted."

Summary of this case from Chambers v. Sovereign Coal Corp.

Opinion

44147.

ARGUED JANUARY 8, 1969.

DECIDED FEBRUARY 4, 1969.

Action on foreign judgment. Fulton Civil Court. Before Judge Webb.

Paul R. Koehler, for appellant.

Westmoreland, Hall O'Brien, John L. Westmoreland, P. Joseph McGee, for appellee.


1. A decree for alimony in future monthly installments granted in a sister State is enforceable in this State as to all sums due and unpaid thereunder upon which recovery is sought, and does not lack the quality of finality because not first reduced to a judgment in the foreign state stating the total accrued amount sought to be recovered. McLendon v. McLendon, 66 Ga. App. 156 (1) ( 17 S.E.2d 252); Creaden v. Krogh, 75 Ga. App. 675 ( 44 S.E.2d 136); Henderson v. Henderson, 209 Ga. 148 ( 71 S.E.2d 210), s. c. 86 Ga. App. 812 ( 72 S.E.2d 731). The motion to dismiss was properly overruled.

2. Where the plaintiff's motion for summary judgment is supported by an affidavit setting out factual averments sufficient to authorize recovery, and no counter-affidavit or other evidence is offered by the defendant, the motion should be granted. Crutcher v. Crawford Land Co., 220 Ga. 298 ( 138 S.E.2d 580).

3. Where "there was no good reason for anticipating a reversal of the judgment below, and, consequently, the case must have been brought to this court for the purpose of delay only," a motion as made by the appellee in this case for 10% damages for delay should be granted. Rahal v. Titus, 110 Ga. App. 122, 133 ( 138 S.E.2d 68) and cit.

Judgment affirmed with damages. Bell, P. J., and Eberhardt, J., concur.

ARGUED JANUARY 8, 1969 — DECIDED FEBRUARY 4, 1969.


Summaries of

Napier v. Napier

Court of Appeals of Georgia
Feb 4, 1969
166 S.E.2d 583 (Ga. Ct. App. 1969)

In Napier v. Napier, 119 Ga. App. 143, 166 S.E.2d 583 (1969), the Court held as follows: "Where the plaintiff's motion for summary judgment is supported by an affidavit setting out factual averments sufficient to authorize recovery, and no counteraffidavit or other evidence is offered by the defendant, the motion should be granted."

Summary of this case from Chambers v. Sovereign Coal Corp.

In Napier this court held that "A decree for alimony in future monthly instalments granted in a sister State is enforceable in this State as to all sums due and unpaid thereunder upon which recovery is sought, and does not lack the quality of finality because not first reduced to a judgment in the foreign state stating the total accrued amount sought to be recovered. [Cits.]."

Summary of this case from Ryle v. Ryle
Case details for

Napier v. Napier

Case Details

Full title:NAPIER v. NAPIER

Court:Court of Appeals of Georgia

Date published: Feb 4, 1969

Citations

166 S.E.2d 583 (Ga. Ct. App. 1969)
166 S.E.2d 583

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