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Driskal v. Mutual Benefit Life Insurance

Driskal v. Mutual Benefit Life Insurance Company

Driskal v. Mut. Benefit Life Ins., 95 S.E. 268 (Ga. Ct. App. 1918)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
February 19, 1918
Docket
No. 8617
Judges
Bloodworth
Citations
95 S.E. 26821 Ga. App. 7771918 Ga. App. LEXIS 517
Summary
Action upon life-insurance policy; ‘from Baldwin- superior court ■ — Judge Park. February 17, 1917.

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

Opinion of the Court — Bloodworth

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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.

How later courts describe this case

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

1923: 119232026peak 1923 · 1

Relies on it most ⓘ

  1. Sparks & Hutson v. Fort116 S.E. 227 (Ga. Ct. App. 1923)

Most recent

  1. Sparks & Hutson v. Fort116 S.E. 227 (Ga. Ct. App. 1923)

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
Papworth v. City of Fitzgerald, 36 S.E. 311 (Ga. 1900) 31

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