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VICKERS v. VICKERS

26872.

228 Ga. 564 (1972)

186 S.E.2d 859

VICKERS v. VICKERS.

Supreme Court of Georgia.

Decided January 6, 1972.

Rehearing Denied January 19, 1972.

Attorney(s) appearing for the Case

Payne, Barlow & Green, William O. Green, Jr., for appellant.

Rich, Bass, Kidd & Broome, Robert K. Broome, E. Dale Dewberry, for appellee.

NICHOLS, Justice.

1. The allegations of paragraph 5 of the plaintiff's complaint quoted above contained sufficient allegations of a subsequent common law marriage to withstand the defendant's motion to dismiss. As to elements of a common law marriage and a thorough discussion of the necessity of an intent to be "presently wed" and not to "wed in the future," see Peacock v. Peacock, 196 Ga. 441 (26 S.E.2d 608).

2. The defense of estoppel by judgment...

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