Roberts v. Turner

Court of Appeals of Georgia

Roberts v. Turner

176 S.E. 91, 49 Ga. App. 516, 1934 Ga. App. LEXIS 458

CourtCourt of Appeals of Georgia

DecidedSeptember 18, 1934

Docket23714

StatusPublished

Cited by1 cases

This text of 176 S.E. 91 (Roberts v. Turner) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roberts v. Turner, 176 S.E. 91, 49 Ga. App. 516, 1934 Ga. App. LEXIS 458 (Ga. Ct. App. 1934).

Pincite

Opinion

Stephens, J.

1. As provided in section 4421 of the Civil Code of 1910, no action for the recovery of damages for an “injury to the person” shall abate by the death of either party; but the cause of action, on the death of the plaintiff, survives to his personal representative.

2. “Adultery or criminal conversation with a wife gives a right of action to the husband.” Civil Code (1910), § 4465. The injury is one to the person of the husband. Hutcherson v. Durden, 113 Ga. 987 (39 S. E. 495, 54 L. R. A. 811); Johnson v. Bradstreet Co., 87 Ga. 79, 85 (13 S. E. 250). When the husband dies pending the action it survives to the wife, where she is the administratrix, and therefore the personal representative of the deceased plaintiff.

3. Where the wife as administratrix had by proper order been made a party plaintiff, and the case had proceeded to trial, it was error to dismiss the case upon the ground that the cause of action was one that did not survive to the personal representative of the deceased husband.

Judgment reversed.

Jenkins, P. J., and Sutton, J., concur.

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