Legal Opinion

Harris v. Berry

Court of Appeals of Georgia

Decided April 19, 1934No. 23498PublishedCited by 5 opinions

1Opinion of the CourtJenkins, P. J.

1. The liability of a husband to maintain his wife during life and to provide her with necessities suitable to her condition and habits of life (Civil Code, 1910, § 2996) applies with equal force to her funeral expenses. Kenyon v. Brightwell, 120 Ga. 606 (3), 609-613 (48 S. E. 124, 1 Ann. Cas. 169); 30 C. J. 606, 607.

2. While the evidence was in conflict as to whether or not the deceased wife had voluntarily abandoned the husband without sufficient provocation prior to her death, in the absence of any notice by the husband disclaiming liability for necessaries furnished to her he would in…

2Cases cited2 opinions

  1. Kenyon v. BrightwellSupreme Court of Georgia · 1904
  2. Mitchell v. TreanorSupreme Court of Georgia · 1852

3Cited by5 opinions

  1. Dillon v. SillsCourt of Appeals of Georgia · 1936
  2. Alexander v. Duffee-Freeman Furniture Co.Court of Appeals of Georgia · 1935
  3. Waxelbaum v. Citizens & Southern National BankCourt of Appeals of Georgia · 1969
  4. H. M. Patterson & Son v. PayneCourt of Appeals of Georgia · 1954
  5. Whitley v. CurringtonCourt of Appeals of Georgia · 1962

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