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Lawskills.com Georgia Caselaw
STROUD v. STROUD.
26036.
NICHOLS, Justice.
Alimony, etc. Fulton Superior Court. Before Judge Emeritus Moore.
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.
Hugh M. Howell, Jr., for appellee.
Hester & Hester, Frank B. Hester, Richard M. Hester, for appellant.
ARGUED SEPTEMBER 17, 1970 -- DECIDED OCTOBER 8, 1970.
Friday May 22 17:11 EDT


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