Anderson v. Davis-Washington Co.
Anderson v. Davis-Washington Co.
Opinion of the Court
The widow of II. Clayton Anderson filed a claim for compensation against her husband’s employer and the insurance carrier. Compensation was denied on the ground that the widow had voluntarily abandoned her husband at the time of the accident. The superior court affirmed the award denying compensation and the widow excepted.
The widow testified that while she and her husband were living together as man and wife in Alabama, her husband told her he did not love her and to go to her mother, which she did. She returned to Georgia and instituted a suit for divorce in Fulton County, in which it was alleged that her husband was a resident of Alabama. There was no personal service or service by publication. After the divorce suit was filed the parties lived together for one night as man and wife in Atlanta. A divorce-and-alimony decree was rendered in the case, which was later set aside as a nullity for lack of jurisdiction of the court granting it. The parties then agreed upon a second suit, and an amount was actually paid by the husband in lieu of all alimony, and it was agreed that the husband would not defend the divorce suit. The husband paid the costs of court in the second suit, and with the money paid in settlement the widow’s
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.