VOGT v. HARRIS

18177.

209 Ga. 749 (1953)

75 S.E.2d 808

VOGT v. HARRIS.

Supreme Court of Georgia.

Decided May 12, 1953.


Attorney(s) appearing for the Case

John Tyler, Swift Tyler and Marvin O'Neal Jr., for plaintiff in error.

Alton T. Milam, Ward Matthews Jr., Thomas M. Stubbs Jr., and Thomas D'Alessio, contra.


HEAD, Justice.

1. Generally, if the testimony of a plaintiff is vague, uncertain, and contradictory, it should be construed most strongly against him.

2. In the present case, however, another equally well-established rule is applicable to the judgment under review. In all cases involving an alleged failure to pay alimony, the issue is one of fact, and the findings of the trial judge will not be controlled by this court...

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