31 Ga. App. 25 | Ga. Ct. App. | 1923
In Cotter v. Gazaway, 141 Ga. 534 (1) (81 S. E. 879), the Supreme Court held: “At common law the earnings of the wife belonged to her husband. In Georgia, since the act of 1866, the husband may, by consent or agreement with his wife, express or implied, allow her to engage in an independent business on her own account, and to keep as her separate estate any earnings that she may make in such business. Sams v. Thompson Hiles Co., 110 Ga. 648 (36 S. E. 104); Roberts v. Haynes, 112 Ga. 842, 844 (38 S. E. 109); Belcher v. Craine, 135 Ga. 73 (68 S. E. 839).” There was evidence in this case from which the jury could infer that the husband of plaintiff at least impliedly consented that she could board the defendant and retain the money thus made as her separate estate. In East & West Railroad Co. v. Sims, 80 Ga. 807 (2) (6 S. E. 595), it was held: “If there be any evidence whatever to sustain the action, it must go to the jury, the court having no discretion in the matter of granting a nonsuit.” In Moseley v. Patterson, 27 Ga. App. 135 (107 S. E. 624), Judge Hill, after
As there was some evidence “tending to sustain the plaintiff's action and from which, the jury could fairly deduce an inference favorable to the plaintiff,” the court erred in granting a nonsuit. See Reid v. Tyson, 19 Ga. App. 677 (2) (91 S. E. 1066), and cases cited.
Judgment reversed.