Rushing v. Clancy
Supreme Court of Georgia
Complaint on account. Before Judge Ross. City court of Macon. June term, 1893. Mrs. Clancy sued Mrs. Rusbing for $216.50,ten months board for self and two children at $25 per month, less $33.50 cash. The cause was heard by the judge without a jury. He found for the plaintiff the sum sued for, and defendant excepted, upon the ground that the judgment was contrary to the evidence, against the weight of the evidence, and contrary to law.
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Complaint on account. Before Judge Ross. City court of Macon. June term, 1893. Mrs. Clancy sued Mrs. Rusbing for $216.50,ten months board for self and two children at $25 per month, less $33.50 cash. The cause was heard by the judge without a jury. He found for the plaintiff the sum sued for, and defendant excepted, upon the ground that the judgment was contrary to the evidence, against the weight of the evidence, and contrary to law. Mrs. Clancy testified: The account is true and correct, past due and unpaid. I made the contract for board with Mrs. Rushing. I had known her before. Did not…
1Opinion of the Court
Simmons, Justice.
The facts will be found in the official report. Under' these facts we think the court erred in finding for the plaintiff. It is true that under our law a married woman who has no separate estate may by express contract bind herself for the board of herself and her children, although she may have a husband living, but the contract must be such a one as would’ indicate that she intended to bind herself individually and not her husband. Although a woman may have a separate estate, her husband is bound to support her and his children, and if the wife, while in company with her…
2Cited by15 opinions
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- Butler v. GodleyCourt of Appeals of Georgia · 1935
- Bell v. RossignolSupreme Court of Georgia · 1915
- Scott v. SimpsonCourt of Appeals of Georgia · 1933
- Manley v. Chamberlin-Johnson-Dubose Co.Court of Appeals of Georgia · 1930
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