Bituminous Casualty Corp. v. Wacht

3 Citing cases

  1. Smallwood v. Bickers

    229 S.E.2d 525 (Ga. Ct. App. 1976)   Cited 10 times
    In Smallwood, the language of the agreement specifically stated that the claim had not been paid in full, but here the instrument specifically and emphatically states that it is a release of all parties and that the purpose is for "making a full and final compromise adjustment and settlement of the injuries and damages above mentioned."

    It has been pointed out in several cases with regard to the disability imposed under Code Ann. § 30-122 (Ga. L. 1946, pp. 90, 93; 1960, pp. 1024, 1025) that such disability had no extra-territorial effect. Montgomery v. Gable, 61 Ga. App. 859 (1) ( 7 S.E.2d 426); Brown v. Sheridan, 83 Ga. App. 725, 728 ( 64 S.E.2d 636); Bituminous Cas. Corp. v. Wacht, 84 Ga. App. 602, 604 ( 66 S.E.2d 757). Hence, the party upon whom the disability was imposed might enter into a valid marriage outside the State of Georgia and return to the State of Georgia with a marriage that would be recognized in this state. Brown v. Sheridan, supra. That being true, it is clear that the evidence failed to established that the plaintiff and the deceased did not establish a valid common law marriage after the divorce decree and during the time that they resided in Alabama.

  2. New Amsterdam c. Co. v. Thompson

    112 S.E.2d 273 (Ga. Ct. App. 1959)   Cited 16 times
    In New Amsterdam Cas. Co. v. Thompson, 100 Ga. App. 677, 685 (112 S.E.2d 273), the language to the effect that under such act the burden of proving that any prior marriage has been dissolved is upon the party asserting a dissolution is too broad for it is only where there is evidence of a living spouse that such rule comes into play, and the general rule, as exemplified by the holding of the Supreme Court in Murchison v. Green, 128 Ga. 339 (57 S.E. 709, 11 L.R.A. (NS) 702), is modified.

    It follows that at the time of the death of Mr. Thompson the claimant was not his lawful wife, and she could not, therefore, be his lawful widow and, consequently, she was not entitled in her own right to the benefits of compensation under the Workmen's Compensation Act. Merry Brothers Brick Tile Co. v. Holmes, 57 Ga. App. 281, 285 ( 195 S.E. 223); Reese v. American Mutual Liability Ins. Co., 67 Ga. App. 420 (2) ( 20 S.E.2d 773). The deputy director in his award acknowledged the existence of all the facts to which we have referred, and he found as a matter of fact that the purported Fulton County, Georgia, divorce was not a valid divorce, but he further found that the claimant had been in good faith in marrying John Russell Thompson, and that at the time of his death on May 18, 1957, she was his legal wife, citing in support thereof Bituminous Casualty Corp. v. Wacht, 84 Ga. App. 602 ( 66 S.E.2d 757), and Johnson v. Johnson, 96 Ga. App. 84 ( 99 S.E.2d 352). In the Wacht case, the question as to the validity of the claimant's second marriage arose by reason of the fact that she had married after a divorce decree had been granted to her former husband, in which decree the claimant had been prohibited from re-marrying.

  3. Stephenson v. Stephenson

    298 S.W.2d 36 (Tenn. Ct. App. 1956)   Cited 2 times

    27 C.J.S., Divorce, sec. 182 b, p. 842; 17 Am. Jur. 358, Divorce and Separation, Sec. 427. It appears that Alabama recognizes the validity of marriages celebrated beyond the limits of the State even though in violation of a divorce decree rendered by one of her courts. McLaughlin v. McLaughlin, 201 Ala. 482, 78 So. 388; Smith v. Goldsmith, 223 Ala. 155, 134 So. 651. The Courts of Georgia where the marriage was celebrated apply in the same way a similar Georgia statute. Montgomery v. Gable, 61 Ga. App. 859, 7 S.E.2d 426; Brown v. Sheridan, 83 Ga. App. 725, 64 S.E.2d 636; Bituminous Casualty Co. v. Wacht, 84 Ga. App. 602, 66 S.E.2d 757. See also Annotation 47 A.L.R. (2d) 1405, 7.