Maddox v. Queen

A wife may not sue her husband on a direct cause of action personal to herself, Heyman v. Heyman, 19 Ga. App. 634 (92 SE 25); neither can she bring a derivative cause of action for the death of their five-year-old unemancipated child, Chastain v. Chastain, 50 Ga. App. 241 (177 SE 828). An unemancipated child under the control and maintenance of the father (Code §§ 74-104, 74-105, as amended, and head of the household or family, Code § 53-501) does not have a cause of action against the father because it would be repugnant to public policy. Bulloch v. Bulloch, 45 Ga. App. 1 (163 SE 708). Nor…