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MATTHEWS v. DOUBERLEY

A92A1874.

207 Ga. App. 578 (1993)

428 S.E.2d 588

MATTHEWS v. DOUBERLEY.

Court of Appeals of Georgia.

Reconsideration Denied March 3, 1993.

Attorney(s) appearing for the Case

Denney, Pease, Allison, Kirk & Lomax, John W. Denney, Long, Weinberg, Ansley & Wheeler, Dan B. Wingate, Walker, Hulbert, Gray & Byrd, Charles W. Byrd, for appellant.

Taylor & Harp, J. Sherrod Taylor, J. Anderson Harp, Jefferson C. Callier, Charles A. Gower, for appellee.

McMURRAY, Presiding Judge.

Georgia's wrongful death statute was first enacted in 1850. Over the years, it has undergone several changes. At one time, the wrongful death law gave a widow the right to file suit alone; but it required a widower to file suit jointly with the children. See former Ga. Code Ann. § 105-1302. Because of the constitutional infirmities inherent in such a scheme, Tolbert v. Murrell, 253 Ga. 566 (

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