Johnson v. Johnson

Supreme Court of Georgia

Johnson v. Johnson

80 S.E.2d 153, 210 Ga. 359, 1954 Ga. LEXIS 292

CourtSupreme Court of Georgia

DecidedFebruary 9, 1954

Docket18461

StatusPublished

This text of 80 S.E.2d 153 (Johnson v. Johnson) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Johnson, 80 S.E.2d 153, 210 Ga. 359, 1954 Ga. LEXIS 292 (Ga. 1954).

Pincite

Opinion

Duckworth,- Chief Justice.

Ezekiel and Bessie Johnson filed an action for annulment of an alleged fraudulent marriage of the defendant, Yerta Lee Mitchell Johnson, to their deceased son, alleging fraud in procuring said marriage, which is therefore null and void. After a hearing on a general demurrer filed thereto, the court below passed an order sustaining the same, and the exception here is to this judgment. Held:

Since the alleged grounds of annulment here are fraud in obtaining the marriage, which is a valid ground for divorce in this State, an action for annulment can not be maintained alleging a ground for divorce. Baxter v. Rogers, 195 Ga. 274 (24 S. E. 2d 52); Mackey v. Mackey, 198 Ga. 707 (32 S. E. 2d 764); Burke v. Grubbs, 199 Ga. 706 (35 S. E. 2d 268). It therefore follows that the court did not err in sustaining the general demurrer to the petition.

Judgment affirmed.

All the Justices concur.

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