Wash. v. Martin
| Decision Date | 10 July 1947 |
| Docket Number | No. 31604.,31604. |
| Citation | 43 S.E.2d 590 |
| Parties | WASHINGTON. v. MARTIN. |
| Court | Georgia Court of Appeals |
Syllabus by the Court
An action at law will not lie in favor of the mother of an illegitimate child against the puntative father for the maintenance and education of such child in the absence of a voluntary contract expressly made by such father for the same. See Nixon v. Perry, 77 Ga. 530, 3 S.E. 253.
Error from City Court of Thomasville; J. E. Craigmiles, Judge.
Action by Ruth Washington, by her next friend, G. J. Washington, against Harry J. Martin for maintenance and education of plaintiff's illegitimate child. Judgment sustaining a general demurrer to and dismissing the petition, and plaintiff brings error.
Affirmed.
The petition of Ruth Washington by next friend G. J. Washington, hereinafter designated as plaintiff, against Harry J. Martin, hereinafter designated as defendant, brought in the City Court of Thomasville, alleged in substance that the defendant is indebted to the plaintiff in the sum of $700 because there was born to her on November 19, 1945, a girl child of whom the defendant is the father; that on November 20, 1945 she swore out a bastardy warrant against the defendant and on January 16, 1946, on the trial of said bastardy warrant the Justice of Peace entered order requiring defendant to give bond and security for the maintenance and education of said child until she arrived at the age of 14 years; that said defendant then and there refused to give said required bond and was thereupon placed under appearance bond to await action of the grand jury at the next term of the superior court. The petition further alleged that the plaintiff, being the secretary of St. Thomas Sunday School for colored people, was at the time she allowed the defendant to have sexual intercourse with her a virtuous, unmarried female 16 years of age; that defendant was superintendent of said Sunday school and goes on to allege the details under which she was caused to yield to his lustful embraces. The petition further alleged that $25 per week is rea-sonable value of maintaining said child and the suit is for $700 from November 19, 1945 until June 3, 1946 which is 28 weeks at $25 per week; that the defendant forfeited his appearance bond and has failed and refused to pay any amount whatever on the account alleged.
To this petition the defendant interposed his general demurrer and on March 18, 1947 the court entered an order sustaining the same. On this judgment of the court sustaining defendant's general demurrer and dismissing plaintiff's petition, error is assigned.
C. E. Hay, of Thomasville, for plaintiff in error.
Forester & Calhoun and Frank L. Forester, all of Thomasville, for defendant in error.
TOWNSEND, Judge (after stating the foregoing facts).
The putative father of an illegitimate child is under no legal obligation to support or to educate such child at common law. 10 C.J.S., Bastards, § 18(c), page 86. Accordingly in this State there is no liability of such father to the mother of an illegitimate child for its maintenance unless such liability is imposed by statute.
Section 74-202 of the Code provides as follows: This section and the sections of chapter 74-3 of the Code relating to this subject, providing the method by which the putative father may be brought before the proper judicial official and required to give bond for the maintenance and education of his illegitimate child until it reaches the age of 14 years, and section 74-9901 providing for his criminal prosecution in...
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