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Sternberg v. Sternberg

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eBook details

  • Title: Sternberg v. Sternberg
  • Author : Supreme Court of Georgia
  • Release Date : January 11, 1948
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

Mrs. Mary Alice Moses Sternberg, by her next friend, Deronda Levy, filed in Muscogee Superior Court, against Louis P. Sternberg, a petition which as amended alleged substantially the following: The petitioner was adJudged to be mentally incompetent on October 22, 1935. She and the defendant were married on November 7, 1941, and at the time of said marriage she was mentally incapacitated and is now mentally incapacitated. Her mental incapacity is continuous permanent, and incurable. On November 19, 1943, the defendant deserted the petitioner, and said desertion has been continuous since that date. The petitioner, by and through her said next friend, and the defendant have agreed on an alimony settlement, and the defendant has agreed to pay the petitioner's attorney's fees. She and the defendant have no children. The petitioner prayed: (a) For a total divorce; (b) for permanent alimony in accordance with said agreement; and (c) for process. General and special demurrers to the petition as amended, on the grounds that an action for divorce and permanent alimony is strictly personal to, and strictly volitional on the part of the aggrieved spouse, and such action cannot lawfully be instituted or maintained by a next friend of the mentally incapacitated spouse, were overruled and the defendant husband excepted.


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