Anderson v. Kirby
Supreme Court of Georgia
Action for damages. Before Judge Gober-. Pickens superior court. April 26, 1905. Ella Anderson brought an action for damages against Govan Kirby, wherein she set forth a marriage contract between him and herself, the renunciation of the contract by him, and her seduction by him under promise of marriage.
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Action for damages. Before Judge Gober-. Pickens superior court. April 26, 1905. Ella Anderson brought an action for damages against Govan Kirby, wherein she set forth a marriage contract between him and herself, the renunciation of the contract by him, and her seduction by him under promise of marriage. The petition alleged, that from July, 1902, to February, 1903, defendant lived with his aged mother, Mrs. Mary Kirby, who, during all of this time, was seriously ill with fever and was nursed by plaintiff, who stayed at Mrs. Kirby’s house; that defendant began to court plaintiff and make love…
1Opinion of the CourtFisi-i, C. J.
(After stating the facts.) We think the judge erred in sustaining the special demurrers to paragraph four and a portion of paragraph six of the petition. Paragraph four was as. follows: “From July, 1902, to February, 1903, defendant lived with his aged mother, Mrs. Mary Kirby, in said county. During all this time said- Mrs. Kirby was seriously sick with fever, and petitioner stayed at her house and waited upon her day and night.” Paragraph six alleged, that the petitioner’s sister helped her wait upon Mrs. Kirby a part of the time, and contracted fever while-doing so, was sick' only a few…
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