146 Ga. 453 | Ga. | 1917
1. Had L. H. Jackson been of full age and without any wife or family, no doubt his manner of living, as set forth in the statement of facts, would have been sufficient basis for a legal residence in Fulton county. Hinton v. Lindsay, 20 Ga. 746; Civil Code (1910), § 2181. But he being a minor, it is different. In the Civil Code, § 2184, it is declared, in part: “The domicile of every minor shall be that of his father, if alive, unless such father has voluntarily relinquished his parental authority to some other person. In such event the domicile of the minor shall be that of his master, if an apprentice, or his employer; if
2. A suit for equitable relief must be brought in the county of the residence of a defendant against whom substantial relief is prayed. Civil Code, § 5527; White v. North Georgia Electric Co., 139 Ga. 587 (77 S. E. 789). The plaintiff relied on residence of L. H. Jackson in Fulton county as a basis for jurisdiction of the court of equity in Fulton county. Applying the ruling made in the preceding division to the uncontradicted evidence, L. H. Jackson was not a resident of Fulton county, but his legal residence was the domicile of his father in Cobb county, and the court was without jurisdiction of the case.
3. As the rulings made in the preceding divisions dispose of
Judgment reversed.