Griffin v. Miller

The rights and liabilities growing out of the relationship of husband and wife áre governed by the common law, except in so far as they may have been varied by statute. Heyman v. Heyman, 19 Ga. App. 634 (92 S. E. 25). Statutes in derogation of the common law must be strictly construed. 10 Enc. Dig. Ga. Bep. (Cum. Supp.) 512 (h). The rule last stated is more rigidly applied where the law to be construed consists of a code section, which, though having the force and effect of a statute (Barnes v. Carter, 120 Ga. 895, 897, 48 S. E. 387), is not based *586upon any special statutory enactment, but…