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Mutual Benefit Life Insurance v. Driskal

Mutual Benefit Life Insurance Company v. Driskal

Mut. Benefit Life Ins. v. Driskal, 98 S.E. 265 (Ga. 1919)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
February 12, 1919
Docket
No. 885
Judges
Fish
Citations
98 S.E. 265148 Ga. 6991919 Ga. LEXIS 35
Summary
Certiorari; from Court of Appeals. 21 -Ga. App. 777.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Fish

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Fish, C. J.

In an action upon a life-insurance policy the petition was dismissed upon special demurrer, which ruling was affirmed by this court. 144 Ga. 534 ( 87 S. E. 668 ). Subsequently the plaintiff brought a second action on the same policy, and the defendant pleaded the judgment dismissing the former action as res adjudicata. The trial judge who passed on the case without a jury sustained the plea. Upon review by the Court, of Appeals the judgment of the trial court was reversed. 21 Ga. App. 777 ( 95 S. E. 268 ). The case came before this court on certiorari. The original petition having been dismissed on special demurrer, and not on general demurrer going to the merits of the case, it was properly decided, on writ of error, that the trial judge erred in sustaining the plea of res adjudicata; and that decision is Affirmed.

All the Justices coneur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1923: 11924: 11928: 11930: 11938: 11961: 11963: 119232026peak 1923 · 1

Relies on it most ⓘ

  1. Sparks & Hutson v. Fort116 S.E. 227 (Ga. Ct. App. 1923)
  2. Keith v. Darby122 S.E.2d 463 (Ga. Ct. App. 1961)
  3. Kennedy v. Ayers142 S.E. 859 (Ga. 1928)
  4. Dunton v. Mozley155 S.E. 794 (Ga. Ct. App. 1930)
  5. Goldstein v. Georgia Railway & Power Co.121 S.E. 846 (Ga. Ct. App. 1924)
  6. Council v. Statham199 S.E. 229 (Ga. 1938)

Most recent

  1. Wilensky Leather Co. v. Buley130 S.E.2d 354 (Ga. Ct. App. 1963)
  2. Keith v. Darby122 S.E.2d 463 (Ga. Ct. App. 1961)
  3. Council v. Statham199 S.E. 229 (Ga. 1938)
  4. Dunton v. Mozley155 S.E. 794 (Ga. Ct. App. 1930)
  5. Kennedy v. Ayers142 S.E. 859 (Ga. 1928)
  6. Goldstein v. Georgia Railway & Power Co.121 S.E. 846 (Ga. Ct. App. 1924)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Smiley v. Smiley, 87 S.E. 668 (Ga. 1916) 45

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