GA 19-3-5 - GA 19-3-5

JUDICIAL DECISIONS Legislative intent as to applicability. - In the use of the word "marriages" in the law, dealing with "marriages of persons unable to contract," it cannot be said that the legislature, in providing that the issue of such marriages before annulled will be legitimate, intended it to apply only to ceremonial marriages. Campbell v. Allen, 208 Ga. 274 , 66 S.E.2d 226 (1951). Legislature intended to remove stigma of bastardy from children if their parents go through marriage ceremony, even though the marriage is void because one of the parties was unable to contract marriage by reason of an existing marriage. Brazziel v. Spivey, 219 Ga. 445 , 133 S.E.2d 885 (1963). "Marriage" construed. - Former Code 1933, § 53-101 (see now O.C.G.A. § 19-3-1 ) defined the essentials of a marri...