Legal Opinion

City of Albany v. Lindsey

Court of Appeals of Georgia

Decided September 30, 1912No. 3800PublishedCited by 15 opinions

Action for damages; from city court of Albany — Judge Crosland. September 18, 1911.

1Opinion of the CourtRussell, J.

Tbe ruling upon the demurrer, to which exception is taken, raises only one question, and, so far as we have been able to find, the precise point has never been decided in this State. It may be said that two questions are developed by the record: (1) Does the acceptance of the gift of a child from the mother, as its sole surviving parent, followed by the performance of parental duties on the part of the donee, create such a relation as that the latter stands in loco parentis? (2) Does the relation created by the facts above stated give the donee the right to maintain an action for the recovery…

2Cases cited17 opinions

  1. Williams v. . HutchinsonNew York Court of Appeals · 1850
  2. Shields v. YongeSupreme Court of Georgia · 1854
  3. Frazier v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1897
  4. King v. Southern Railway Co.Supreme Court of Georgia · 1906
  5. McElmurray v. TurnerSupreme Court of Georgia · 1890

12 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Faber v. Industrial CommissionIllinois Supreme Court · 1933
  2. Stoddard v. CampbellCourt of Appeals of Georgia · 1921
  3. Durden v. JohnsonSupreme Court of Georgia · 1942
  4. Weems v. SaulCourt of Appeals of Georgia · 1936
  5. Ellis v. HewittCourt of Appeals of Georgia · 1915

10 more not listed; retrieve them via the Exa API.

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