90 Ga. 481 | Ga. | 1892
1. The City of Atlanta and one Mahoney having been sued jointly for an alleged tort, and the court having dismissed the action as to the city on the ground that “ the declaration shows no cause of action against that defendant,” this was an adjudication that under the facts set forth in the declaration there could be no lawful recovery against the city by the plaintiff. It does not appear that any exception to this action by the court was in any manner taken by the plaintiff, and the judgment
2-3. The facts of this case furnish another instance of those strange complications in human affairs which are constantly, being brought to the attention of the courts. Two cases have come before us in one week, in which it appeared that two couples had been twice married and twice divorced from each other. In the present case, we find that a man and a woman were married, and after living together for some time, she obtained a divorce from him on the ground of cruel treatment. Her suit was brought, and one verdict authorizing a total divorce was rendered, before the adoption of the present constitution. The second verdict was returned after this constitution went into effect, and consequently, it was the duty of the jury rendering that verdict to determine the rights and disabilities of the parties. Code, §5166. This verdict, however, simply found in the usual form in favor of a total divorce, and was silent as to whether or not the defendant should again be allowed to marry. Undoubtedly it secured this privilege to the plaintiff; but under the law as heretofore understood and practiced in this State, we are inclined to think it left the defendant under disability to marry, and that this disability prevented his again marrying the wife just divorced or any other woman. See Cobb’s Digest, p. 225, Ct>de of 1863, §1683.
.While this state of affairs existed, these parties became reconciled, and concluded'to try together another
The charge of the court (the substance of which is stated in the third head-note) was in conflict with the views herein expressed; and the able judge who made it becoming satisfied, upon reflection, that it was erroneous, properly corrected his own error by granting a new trial. Judgment affirmed.