GA 19-11-19 - GA 19-11-19

JUDICIAL DECISIONS Husband not a necessary party. - Parents who live together are jointly entitled to any proceeds of litigation, whether or not they both participated in a lawsuit. Under this construction of O.C.G.A. § 19-7-1 (parental power), the husband is not a necessary party under O.C.G.A. § 19-11-19 . Complete relief may be afforded to the parties without detriment to the husband, if the husband is bound and shares jointly in any proceeds of the litigation; therefore, the trial court erred in dismissing the wife's claim for failing to join her husband as a party plaintiff. Blanton v. Moshev, 262 Ga. 254 , 416 S.E.2d 506 (1992). <h4...