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KICKLIGHTER v. KICKLIGHTER

21229.

217 Ga. 54 (1961)

121 S.E.2d 122

KICKLIGHTER v. KICKLIGHTER.

Supreme Court of Georgia.

Decided June 8, 1961.

Rehearing Denied July 6, 1961.

Attorney(s) appearing for the Case

Luhr G. C. Beckmann, Hitch, Miller & Beckmann, Ralph L. Dawson, R. L. Carr, for plaintiff in error.

Cohen Anderson, Bruce D. Dubberly, Max Cheney, Oliver, Davis & Maner, contra.

MOBLEY, Justice.

1. This court, in the recent decision of Southern Bell Tel. & Tel. Co. v. Brackin, 215 Ga. 225 (109 S.E.2d 782), stated: "It was there said [Kelly v. Strouse, 116 Ga. 872, 901, 43 SE 280] that proving a case as laid will not authorize a recovery unless the case as laid so authorizes; that mere proof of a fact will not in law authorize a recovery unless the existence...

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