Public-domain · open source
OpenJurist

49 Ga. App. 516

Roberts v. Turner

Court of Appeals of Georgia

Decided September 18, 1934

Court of Appeals of Georgia · decided 1934-09-18

Cited by 1 later decisions — most recently July 1956

1 state decisions

Relies on Johnson v. Bradstreet Co. · Hutcherson v. Durden

Good law ✅— No negative treatment on recordhow we know

Decided 1934-09-18

View the full empirical analysis of this case →

Stephens, J.

¶11. 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.

¶22. “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.

¶33. 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.

¶4Judgment reversed.

Jenkins, P. J., and Sutton, J., concur.
/49/gaapp/516 · .json · Public domain