WALLACH v. WALLACH

36443.

94 Ga. App. 576 (1956)

95 S.E.2d 750

WALLACH v. WALLACH et al.

Court of Appeals of Georgia.

Decided November 16, 1956.


Attorney(s) appearing for the Case

Beverly Langford, Matthews, Maddox, Walton & Smith, for plaintiff in error.

Fullbright & Duffey, Henry J. Fullbright, Jr., Scoggin & Martin, Ronald F. Chance, Maddox & Maddox, contra.


FELTON, C. J.

At common law, a wife could not sue her husband. Blackstone's Commentaries on the Laws of England, Vol. I, Book I, pp. 355, 359. "Under the common law, which is of force in this State unless changed by statute, husband and wife became by marriage one person, and the entire legal existence of the woman was completely merged or incorporated in that of the husband." Foster v. Withrow, 201 Ga. 260 (39 S.E.2d 466); Code § 53-501. The right...

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