[DOWNLOAD] "Mims v. Hardware Mutual Casualty Co. Et" by Court of Appeals of Georgia ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Mims v. Hardware Mutual Casualty Co. Et
• Author : Court of Appeals of Georgia
• Release Date : January 14, 1950
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

James Mims, an employee of M. G. Aldridge, was killed as a result of an accident arising out of and in the course of his employment. The employer, Aldridge, and his insurance carrier, Hardware Mutual Casualty Company, entered into an agreement with Frances King Mims, the alleged widow of the deceased and plaintiff in error here, to pay compensation at the rate of $14.22 per week for a period of 300 weeks. Subsequently, a claim was entered by Frances Mims, the mother of the deceased, alleging that Frances King Mims was not the lawful widow of the deceased and that she, as the decedent's mother dependent upon him for support, was entitled to compensation. The sole issue at the time of the hearing before the deputy director of the Board of Workmen's Compensation was the person entitled to benefits under the act. The mother claimant contended that the marriage between the widow claimant and the deceased was void because the alleged widow, at the time she entered into a marriage ceremony with James Mims, was in fact the undivorced wife of one Essick Exom. The testimony at the hearing revealed a comedy of errors involving the claimant and her predecessors in the affections of the deceased substantially as follows: that in September, 1924, one Wimberly Hughes married a girl named Annie Bell Slappy who was at that time between 12 and 13 years of age, her exact age being unknown; that he lived with her, according to his testimony, for a period of time between 18 months and 3 years; that after their separation Annie Bell married one Essick Exom without first being divorced from Hughes and lived with him for about nine months; that Exom, without bothering to obtain a divorce from Annie Bell, then married the claimant, Frances King, on June 17, 1928, and lived with her about six years. Thereafter, Exom married another woman and Frances King, on July 10, 1938, married James Mims, the deceased employee. Marriage certificates properly authenticated were introduced in evidence to show the marriage of Frances King to Essick Exom and also to James Mims. Both Exom and Frances King Mims testified at the hearing. Neither one stated whether or not a divorce had been obtained between them, nor was it established whether Exom had resided solely in Twiggs County between the date of their separation and the date of the accident out of which this claim arose. There was evidence that the widow claimant had lived in Bibb County for several years prior to the bringing of this action. At the Conclusion of the testimony, counsel for the mother claimant made the following statement in his place: ""I will state in my place that I am attorney down there and made a diligent search in the clerk's office and I have found no divorce application against any of these parties. I not only checked the dockets, I checked the minutes and no divorce to any of these marriages, no divorce application in Twiggs."" The deputy director entered an award finding that the marriage between Wimberly Hughes and Annie Bell Slappy, the first knot in this matrimonial tangle, was a valid marriage; that in consequence the marriage between the deceased and Frances King Mims was invalid and that she was not entitled to compensation, this being awarded to the widow claimant by an award of the full board which corrected in some particulars the original award. This decision was affirmed on appeal by the Judge of the Superior Court of Bibb County, and this judgment is assigned as error in the bill of exceptions. A cross-bill of exceptions was filed by the employer and insurance carrier.

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