Stevens v. Stevens
Supreme Court of Georgia
Action for damages. Before Judge Lumpkin. Fulton superior court. September term, 1894. To the petition of Margaret E. Stevens against "William J. Stevens the defendant demurred generally, and the demurrer was sustained. The petition alleged: In October, 1890, petitioner lawfully married Henry J. Stevens, and they lived together as husband and wife in Fulton county until his death.
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Action for damages. Before Judge Lumpkin. Fulton superior court. September term, 1894. To the petition of Margaret E. Stevens against "William J. Stevens the defendant demurred generally, and the demurrer was sustained. The petition alleged: In October, 1890, petitioner lawfully married Henry J. Stevens, and they lived together as husband and wife in Fulton county until his death. He died in Fulton county, January 15, 1893, leaving as his heirs petitioner, defendant, and two others, defendant being a sou by a former wife. Henry J. Stevens died possessed of valuable realty in Fulton county,…
1Opinion of the Court
Atkinson, Justice.
1. To the proposition announced in the first headnote, it is only necessai’y to cite section 1768 of the code.
2. By virtue of her right as widow of her deceased, husband, the plaintiff was in the peaceable and legally acquired possession of the property from which she was-evicted by the defendant. A forcible expulsion of her from the premises was an illegal invasion of her private right, which gave her a right of action as against the trespasser.
3. 4. The damages which are to be allowed in cases of this character are, first, any actual damages which may have resulted to the…
2Cited by6 opinions
- Godwin v. Atlantic Coast Line RailroadSupreme Court of Georgia · 1904
- Hughes v. BivinsCourt of Appeals of Georgia · 1923
- Allen v. PotterSupreme Court of Georgia · 1922
- Maryland Casualty Insurance v. WelchelCourt of Appeals of Georgia · 1986
- Munsey v. HanlySupreme Judicial Court of Maine · 1907
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