Andrews v. Willis
Court of Appeals of Georgia
1Opinion of the Court
Clark, Judge.
Two questions are here presented: (1) Are children bom of a marriage which was void because their mother had wedded their father without obtaining a divorce from her surviving spouse entitled to sue as plaintiffs under the provisions of Code Ann. § 105-1302 for the tortious homicide of their father? (2) Is a stipulation by counsel that such children are "illegitimate” binding? We answer "Yes” to the first and "No” to the second query.
In this case the appeal is limited to determining if the trial court erred in granting a summary judgment to defendants where the plaintiffs were…
2Cases cited11 opinions
- Fullington v. WilliamsSupreme Court of Georgia · 1896
- Campbell v. AllenSupreme Court of Georgia · 1951
- Eubanks v. BanksSupreme Court of Georgia · 1866
- Brinkley v. Dixie Construction Co.Supreme Court of Georgia · 1949
- Heavey v. Security Management Co.Court of Appeals of Georgia · 1973
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3Cited by4 opinions
- P. C. Gailey Contractors, Inc. v. Exxon Co., U. S. A.Court of Appeals of Georgia · 1977
- Motor Finance Co. of Georgia, Inc. v. HarrisCourt of Appeals of Georgia · 1979
- Phillips v. Meadow Garden Hospital, Inc.Court of Appeals of Georgia · 1976
- Fran's Escort Service v. StricklandCourt of Appeals of Georgia · 1993