Smith v. Taylor
Supreme Court of Georgia
Case for words, in Twiggs Superior Court. Decision by Judge Hansell, October Term, 1851. Consolidated by consent. The plaintiffs in error brought actions against Samuel Taylor and wife, for slanderous words.
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Case for words, in Twiggs Superior Court. Decision by Judge Hansell, October Term, 1851. Consolidated by consent. The plaintiffs in error brought actions against Samuel Taylor and wife, for slanderous words. The cases came on to be tried, at October Term, 1851, and were submitted to a Jury, when counsel for defendants moved to arrest the causes and dismiss them, on the ground that Mrs. Sarah Taylor — one of the defendants — had not been served with a copy of the petition and process, and no return had been made as to her. Counsel for plaintiffs objected, and showed that Samuel Taylor, the…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] Upon principle, the wife ought to be served. For torts committed by the wife, not in the presence of her husband, and not by his coercion, they are jointly liable, and must be joined in the action. If there is a recovery, the judgment passes against both. If the wife has a separate estate, it may be taken in execution, and she may be, together with her husband, arrested on final process. If the husband dies pending the suit, it does not abate, but survives against her. These things being so, she has a personal interest in the suit, and ought…
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- Prentiss v. PaisleySupreme Court of Florida · 1889
- Meeks v. JohnstonSupreme Court of Florida · 1923
- Miller v. StrausCourt of Appeals of Georgia · 1928
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