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Mayor & Council of Athens v. Smith

Mayor and Council of Athens v. Smith

Mayor & Council of Athens v. Smith, 36 S.E. 955 (Ga. 1900)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
August 8, 1900
Judges
Simmons
Citations
36 S.E. 955111 Ga. 8701900 Ga. LEXIS 862
Summary
Action for damages. Before Judge Russell. Clarke superior court. October 11, 1899.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Simmons

Text extracted by OCR from a scanned original; check the original for exact wording.

Simmons, C. J.

1. A married woman living with her husband may bring an action in her own name for physical injuries sustained by her. Civil Code, §2475; City of Atlanta v. Dorsey, 73 Ga. 479 ; Pavlovski v. Thornton, 89 Ga. 829 .

2. A general motion to dismiss a suit “because it is a suit for a tort by a married woman living with her husband, in her own name alone,” was properly overruled, where the petition set out a cause of- action against the defendant and prayed for certain elements of damage for which the plaintiff could recover, although it may also have contained prayers for other elements of damage for which the plaintiff had no right to sue. A general demurrer should not prevail where any part of the petition is good. Reese v. Reese, 89 Ga. 645, 652 , and cases cited; Munnerlyn v. Savings Bank, 88 Ga. 339 ; May v. Jones, 88 Ga. 308, 312 , and cases cited. See also Baer v. Christian, 83 Ga. 322.

3. The evidence warranted the verdict for those elements of damage alleged in the petition for which the plaintiff was entitled to recover, and the trial judge did not abuse his decretion in overruling a motion for a new trial based on the grounds that the verdict was contrary to law and evidence. Judgment affirmed.

All the Justices concurring.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 11 cases

View all citing references →
1902: 11912: 11917: 11924: 11927: 11933: 11938: 21945: 11946: 11950: 119022026peak 1938 · 2

Relies on it most ⓘ

  1. Heyman v. Heyman92 S.E. 25 (Ga. Ct. App. 1917)
  2. Warren Company v. Dickson195 S.E. 568 (Ga. 1938)
  3. Tingle v. Maddox198 S.E. 722 (Ga. 1938)
  4. Hoffman v. Louis L. Battey Post39 S.E.2d 889 (Ga. Ct. App. 1946)
  5. Carolina Construction Co. v. Branch139 S.E. 676 (Ga. 1927)
  6. Herrington v. Wimberly170 S.E. 670 (Ga. 1933)

Most recent

  1. O'Hara v. Youmans60 S.E.2d 841 (Ga. Ct. App. 1950)
  2. Hoffman v. Louis L. Battey Post39 S.E.2d 889 (Ga. Ct. App. 1946)
  3. Harris v. Bennett Bros.34 S.E.2d 615 (Ga. Ct. App. 1945)
  4. Tingle v. Maddox198 S.E. 722 (Ga. 1938)
  5. Warren Company v. Dickson195 S.E. 568 (Ga. 1938)
  6. Herrington v. Wimberly170 S.E. 670 (Ga. 1933)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
May v. Jones, 15 L.R.A. 637 (Ga. 1891) 28
Reese v. Reese, 15 S.E. 846 (Ga. 1892) 20
Baer v. Christian, 9 S.E. 790 (Ga. 1889) 10
City of Atlanta v. Dorsey, 73 Ga. 479 (1885) 8
Pavlovski v. Thornton, 15 S.E. 822 (Ga. 1892) 8
Dahlonega Co. v. Frank W. Hall Merchandise Co., 14 S.E. 473 (Ga. 1891) 2

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