Arnold v. Brown, s. 20702, 20795.
| Decision Date | 08 October 1930 |
| Docket Number | Nos. 20702, 20795.,s. 20702, 20795. |
| Citation | 155 S.E. 532,42 Ga.App. 228 |
| Parties | ARNOLD. v. BROWN. BROWN. v. ARNOLD. |
| Court | Georgia Court of Appeals |
Syllabus by Editorial Staff.
Error from City Court of Valdosta; J. G. Cranford, Judge.
Suit by Mrs. T. H. Brown against W. F. Arnold, administrator. Judgment for plaintiff, defendant brings error, and plaintiff files cross-bill of exceptions.
Reversed on main bill of exceptions; affirmed on cross-bill.
Little & Dickerson, of Valdosta, for plaintiff in error.
Franklin & Langdale and H. C. Eberhardt, all of Valdosta, for defendant in error.
Syllabus Opinion by the Court.
1. "A married woman, who is living with her husband, cannot be held liable, on account, for necessaries furnished herself * * * unless she expressly contracted or signified that she intended that she herself, and not her husband, should assume the obligation." Oliver v. Webb, 12 Ga. App. 216 (3), 76 S. E. 1081; Freeman v. Holmes, 62 Ga. 556; Georgia Grocery Co. v. Brunson, 24 Ga. App. 484, 101 S. E. 130.
2. This was a suit by a daughter against the administrator of her mother's estate to recover a certain sum of money as compensation for necessary services rendered her mother for several years during the mother's last illness. While the services were being performed, the mother's husband was alive and living with her, and during all the time the services were being rendered the mother was helpless, bedridden, and insane, and unable to make either an express or implied contract of any kind. It is obvious, therefore, that if the daughter was entitled to compensation for the necessary services rendered to her mother, her father (the husband of her mother) was liable therefor and not her mother's estate.
It follows that the verdict in favor of the plaintiff was unauthorized and that the court erred in refusing to grant a new trial.
The assignments of error in the cross-bill of exceptions are without merit.
Judgment reversed on main bill of exceptions; affirmed on cross-bill.
To continue reading
Request your trial
-
Arnold v. Brown
...155 S.E. 532 42 Ga.App. 228 ARNOLD v. BROWN. BROWN v. ARNOLD. Nos. 20702, 20795.Court of Appeals of Georgia, First DivisionOctober 8, 1930 ... ... Syllabus by Editorial Staff ... ...