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Busby v. Busby

Supreme Court of Georgia
Oct 17, 1978
249 S.E.2d 70 (Ga. 1978)

Opinion

33986.

SUBMITTED SEPTEMBER 1, 1978.

DECIDED OCTOBER 17, 1978.

Divorce. Floyd Superior Court. Before Judge Royal.

Roy N. Newman, for appellant.

Robert Evans, for appellee.


The plaintiff "husband" sued for divorce asserting that his common law marriage to defendant was irretrievably broken. The defendant denied that a common law marriage existed. She proved that she had a prior undissolved marriage which lasted until shortly before a child was born to these parties.

The trial judge found that no common law marriage was entered into by these parties after the defendant's divorce from her prior husband. The evidence was conflicting and hence there was evidence to support this finding. Foster v. Foster, 178 Ga. 791 (3) ( 174 S.E. 532) (1934); Spivey v. Spivey, 236 Ga. 725 (1) ( 225 S.E.2d 288) (1976).

Judgment affirmed. All the Justices concur.


SUBMITTED SEPTEMBER 1, 1978 — DECIDED OCTOBER 17, 1978.


Summaries of

Busby v. Busby

Supreme Court of Georgia
Oct 17, 1978
249 S.E.2d 70 (Ga. 1978)
Case details for

Busby v. Busby

Case Details

Full title:BUSBY v. BUSBY

Court:Supreme Court of Georgia

Date published: Oct 17, 1978

Citations

249 S.E.2d 70 (Ga. 1978)
242 Ga. 382