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GARVIN v. LOVETT

48841.

131 Ga. App. 46 (1974)

205 S.E.2d 124

GARVIN v. LOVETT.

Court of Appeals of Georgia.

Decided February 5, 1974.

Rehearing Denied February 21, 1974.

Attorney(s) appearing for the Case

Richard A. Rice, for appellant.

Powell, Goldstein, Frazer & Murphy, Eugene G. Partain, Robert Travis, John A. Sherrill, for appellee.

DEEN, Judge.

1. (a) The right of action of a husband for the tortious homicide of the wife under Code § 105-1306 accrues at the time of the death of the wife from the injuries inflicted by the defendant. "The right which the statute gives... can not exist until [s]he is actually dead." Western & A. R. Co. v. Bass, 104 Ga. 390 (30 SE 874). "The gist of the action is not the injury suffered by the deceased...

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