Driskal v. Mutual Benefit Life Insurance
Driskal v. Mutual Benefit Life Insurance Company
Summary
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Opinion of the Court
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Bloodworth, J.
A majority of the court is of the opinion that the record in this case and the opinion of the Supreme Court when the original • casé between these parties was before it ( 144 Ga. 534 ) show that-'the ■original petition filed by the plaintiff was dismissed on special demurrer; and therefore that the- merits of- the case have never been passed upon, and the court below, trying the case without the intervention of a jury, erred in sustaining the plea of res adjudicata and dismissing the petition. Papworth v. Fitzgerald, 111 Ga. 54 ( 36 S. E. 311 ). The writer is in doubt, but.concurs.
Judgment reversed.
Broyles, P. J., and Harwell, J., concur.
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