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Moss v. Moss

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eBook details

  • Title: Moss v. Moss
  • Author : Supreme Court of Georgia
  • Release Date : January 15, 1945
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 51 KB

Description

On February 1, 1945, C. L. Moss filed a suit against his wife, Mrs. Ola Jane Moss, alleging their marriage on February 2, 1940, their separation on November 20, 1944, and praying for a total divorce on the ground of cruel treatment. On February 12, 1945, Mrs. Moss filed an answer and cross-action, alleging cruelty on his part, and praying for temporary and permanent alimony, and attorneys' fees. The hearing on the issues as to temporary alimony and attorneys' fees was originally set for March 1, but was by agreement continued to May 12 because of illness of Mr. Moss. At the hearing on the last-named date, the plaintiff tendered what he termed an amendment to his petition and a response to the wife's cross-action, which the court allowed. In this pleading, he contended that his wife was not entitled to any alimony or attorneys' fees, for several reasons alleged. He alleged, among other things, that at the time of a previous separation, in May, 1944, they had entered into a written agreement, under which she had accepted from him the sum of $8000 in settlement of all claims for alimony and other claims, as set out in the agreement, to wit: ""This agreement made and entered into on this the 17th day of May, 1944, by and between C. L. Moss, of Gordon County, Georgia, party of the first part, and Ola Hale Hair Moss, wife of the said C. L. Moss, also of Gordon County, Georgia, party of the second part, witnesseth that, Whereas said parties having for some time been married to each other, and one of said parties contemplating the filing of a divorce action against the other, both parties now desire that all property rights may at this time be fully settled between them, and to this end said parties contract and agree as follows:


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