144 Ga. 359 | Ga. | 1915
(After stating the foregoing facts.)
Had the first wife, who obtained the divorce, been the person who set up such contention, the question of estoppel because of her obtaining the divorce on the basis of such entry, and taking no action until her husband, or ex-husband, had married and died, might have been involved. See, in this connection, McConnell v. McConnell, 135 Ga. 828 (70 S. E. 647); Arthur v. Israel, 15 Colo. 147 (25 Pac. 81, 10 L. R. A. 693, 22 Am. St. R. 381); Mohler v. Shank, 93 Iowa, 273 (61 N. W. 981, 34 L. R. A. 161, 57 Am. St. R. 274); Greene v. Greene, 68 Mass. 361 (61 Am. Dec. 454, 465); Brown v. Grove, 116 Ind. 84 (18 N. E. 387, 9 Am. St.
The peculiarity of the situation in the present case grows out of the fact that the wife was the plaintiff. Still she sued in the proper county. The sheriff undertook to serve the defendant in the manner- above stated. The defendant returned from the penitentiary. Yerdicts were rendered, by the second of which his disabilities were removed. He remarried, presumably relying on this verdict. He made no objection to the service, and never at
From what has been said it follows that there was no error in directing a verdict in favor of the second wife, on the trial of the contest for administration, which had been carried to the superior court by appeal. Civil Code (1910), § 3943, par. 1.
Judgment affirmed.