77 Ga. 756 | Ga. | 1886
The husband was not joined with the wife in this action, which was brought for personal injuries to her, -in consequence of obstructions in the streets of Atlanta, made, by private parties, who had accumulated materials for paving the same in front of their residences, and who had left these materials during the night without the accustomed signal to warn foot-passengers along the street of their presence, or without surrounding them with barriers to protect persons going on the street from encountering them. There was proof that expense was incurred for medicine, nursing and the attendance of physicians engaged to heal and cure the plaintiff of her wounds and bruises. The amounts charged by the physicians were also in evidence, .but there was no testimony going to show that the plain
Notwithstanding all the property of the wife at the time of the marriage remains her separate property, and that all she inherits, or which is given to or acquired by her during the coverture, belongs to her and is not liable for the payment of any debt, default or contract of the husband (code, §1754), yet this does not relieve him of the obligation to support and maintain her, or divest her of the power, as his presumed agent, of purchasing necessaries suitable to her condition and habits of life, and which are to be appropriated to the use of herself and the family. Id. §1757. Even where she has separate property, the law is careful in protecting it from obligations assumed on the husband’s account, or from sale to pay his debts, or from pledging it as security for the performance of his or any other person’s undertaking. Code, §§1785,1783, and citations under each.
On the other hand, these provisions do not deprive him of the right to recover compensation for torts to her person or reputation; it is only when she is living separate from him that she may sue for such torts and recover for her own use. Id. §1755. In like manner, when separated ñom him, she may enforce contracts made in reference to her own acquisitions. Id. .As a general rule, she can neither sue nor be sued without joining him in the action, except in cases where the action concerns her separate property, or where it is between herself and her husband, or where she is living separate and apart from her husband. Id. §1774. In case the wife had separate property, or was authorized to’ recover for her own use and in her name compensation for injuries to her person which occurred while she was living with her husband, it would be going, as we think, quite too far to imply, from such circumstances as exist here, an undertaking to pay for the nec-_