Eddleman v. Eddleman

At common law a husband and wife, in legal fiction, are one person; and the common law is of force in Georgia, except where changed by the statute law of this State; and under the common law neither could maintain against the other a suit based on a tort. Heyman v. Heyman, 19 Ga. App. 634 (93 S. E. 35); Central of Ga. Ry. Co. v. Cheney, 20 Ga. App. 393 (93 S. E. 43); Code of 1933, § 53-501; 65 C. J. 73, § 119. In the instant case a husband brought an action in trover against his wife, from whom he was living separately, to recover a ring. However, the relation of husband and wife existed…