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MOTE v. MOTE

20025.

214 Ga. 134 (1958)

103 S.E.2d 565

MOTE v. MOTE.

Supreme Court of Georgia.

Decided May 7, 1958.

Attorney(s) appearing for the Case

Frank Grizzard, Marvin D. Pierce, Jr., Norman H. Fudge, for plaintiff in error.

Mims Wilkinson, Jr., C. O. Baker, contra.

MOBLEY, Justice.

An order or judgment that merely declares the rights of the parties, without any express command or prohibition, is not one which may be the basis of contempt proceedings. Brown v. Smith, 150 Ga. 111 (102 S. E. 813); Hammock v. Hammock, 209 Ga. 751 (76 S.E.2d 15); 12 Am. Jur. 406, § 24. Accordingly, where a petition filed by the defendant in error...

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