Legal Opinion

Cotter v. Gazaway

Supreme Court of Georgia

Decided April 17, 1914PublishedCited by 9 opinions

Equitable petition. Before Judge Eite. Whitfield superior court. January 25, 1913.'

1Opinion of the CourtLumpkin, J.

1. At common law, the earnings of the wife belonged to her husband. In Georgia, since the act of 1866, the husband may, by consent or agreement with his wife, express or implied, allow her to engage in an independent business on her own account, and to keep as her separate estate any earnings that she may make in such business. Sams v. Thompson Hiles Co., 110 Ga. 648 (36 S. E. 104); Roberts v. Haynes, 112 Ga. 842, 844 (38 S. E. 109); Belcher v. Craine, 135 Ga. 73 (68 S. E. 839).(a) Aliter in the absence of any consent or agreement, either express or. implied, on the part of the husband that…

2Cases cited4 opinions

  1. Georgia Railroad & Banking Co. v. TiceSupreme Court of Georgia · 1905
  2. Roberts v. HainesSupreme Court of Georgia · 1901
  3. Sams v. Thompson Hiles Co.Supreme Court of Georgia · 1900
  4. Belcher v. CraineSupreme Court of Georgia · 1910

3Cited by9 opinions

  1. Hemphill v. HemphillSupreme Court of Georgia · 1933
  2. Gresham v. StewartCourt of Appeals of Georgia · 1923
  3. Mock v. NefflerSupreme Court of Georgia · 1918
  4. Redd & Co. v. Lathem & SonsCourt of Appeals of Georgia · 1924
  5. Mitchell v. MullenCourt of Appeals of Georgia · 1932

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