Sprayberry v. Merk
Supreme Court of Georgia
Assumpsit, in Lumpkin Superior Court. Tried before Judge Rice, at January Term, 1860. This was an action of assumpsit brought by Henry J. Sprayberry, Esq., against George W. Merk, for services rendered as an attorney and solicitor for Ann W. Merk, the wife of the defendant, in instituting and conducting a libel for divorce on behalf of said Ann W. Merk against her husband, the defendant, and in filing a bill in equity for ne exeat, relating to the divorce cause.
Read the full summary
Assumpsit, in Lumpkin Superior Court. Tried before Judge Rice, at January Term, 1860. This was an action of assumpsit brought by Henry J. Sprayberry, Esq., against George W. Merk, for services rendered as an attorney and solicitor for Ann W. Merk, the wife of the defendant, in instituting and conducting a libel for divorce on behalf of said Ann W. Merk against her husband, the defendant, and in filing a bill in equity for ne exeat, relating to the divorce cause. The wife, at the time she employed plaintiff was living separate and apart from her husband, and the cases were dismissed before…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
The non-suit was granted in this case upon the ground, that a man cannot be chargeable for the services of a lawyer in bringing a suit against himself without his consent. This is, undoubtedly, true as a general principle, but we think that a suit by the wife for a divorce, must be excepted from its operation from the necessity of the case. As to this om matter of a suit for a divorce, the wife is sui juris, havin *82clear right to institute and conduct that kind of a suit independently of her husband’s consent. But this right is practically…
2Cited by25 opinions
- Naumer v. GrayAppellate Division of the Supreme Court of the State of New York · 1898
- Roberts v. RobertsSupreme Court of Georgia · 1902
- Van Dyke v. Van DykeSupreme Court of Georgia · 1906
- Sweat v. SweatSupreme Court of Georgia · 1905
- Hannah v. HannahSupreme Court of Georgia · 1940
20 more not listed; retrieve them via the Exa API.