Legal Opinion

Duke v. Brown

Supreme Court of Georgia

Decided April 25, 1901PublishedCited by 12 opinions

Action on bond. Before Judge Janes. Carroll superior court. October 17, 1900. This was an action by the ordinary, for the use of a wife and her minor child, against her husband and his sureties on a bond for the maintenance of the wife and child for five years, given under the Penal Code, § 388, to stop a prosecution for seduction.

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Action on bond. Before Judge Janes. Carroll superior court. October 17, 1900. This was an action by the ordinary, for the use of a wife and her minor child, against her husband and his sureties on a bond for the maintenance of the wife and child for five years, given under the Penal Code, § 388, to stop a prosecution for seduction. The petition alleged that the husband, with threats and blows, drove the wife from his home, that they had since remained in a state of separation, and that he had not contributed to her support and that of the child. The bond was made in 1898, and the suit was…

1Opinion of the CourtCobb, J.

1, 2. The law of_ this State has for many years provided that a prosecution for seduction may be stopped at any time by the marriage of the parties. Prior to 1893, simply entering into the marriage contract in accordance with the formalities provided by law was all that was necessary to stop the prosecution. The public offense was allowed to be condoned, for the reason that the seducer had in this way made all reparation in his power to the female whom he had injured, and had assumed an obligation a compliance with which it was supposed would save the woman and her offspring from becoming a…

2Cases cited1 opinion

  1. Park v. BarronSupreme Court of Georgia · 1856

3Cited by12 opinions

  1. Griffin v. GriffinSupreme Court of Georgia · 1908
  2. Stuart v. BerryCourt of Appeals of Georgia · 1963
  3. A. G. Boone Co. v. OwensCourt of Appeals of Georgia · 1936
  4. Cook v. WalkerSupreme Court of Georgia · 1926
  5. Whitner v. WhitnerCourt of Appeals of Georgia · 1950

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