TaiLexi AI U.S. Case Law

Sutker v. Pennsylvania Insurance

SUTKER v. PENNSYLVANIA INSURANCE COMPANY

Sutker v. Pa. Ins., 152 S.E.2d 578 (Ga. Ct. App. 1966)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals of Georgia · State Appellate Courts
Decided
November 15, 1966
Docket
No. 42435
Judges
Eberhardt
Citations
152 S.E.2d 578114 Ga. App. 6271966 Ga. App. LEXIS 877

Opinion of the Court — Eberhardt

Text extracted by OCR from a scanned original; check the original for exact wording.

Eberhardt, Judge.

This action upon an insurance contract was amended by adding three counts seeking, inter alia, a reformation of the contract to include a coverage for loss sustained by the insured from the negligent act of an uninsured motorist. The petition, as thus amended, was dismissed upon general demurrer.

The amendment of the petition, seeking reformation of the contract, converted the action from one at law to one in equity, and hence the Supreme Court rather than the Court of Appeals, has jurisdiction of the appeal. Art. VI, Sec. II, Par. IV, Constitution of 1945 (Code Ann. § 2-3704); American Associated Companies v. Vaughan, 210 Ga. 141, 144 (1) ( 78 SE2d 43 ); Benton v. Benton, 164 Ga. 541 ( 139 SE 68 ); Dixie Belle Mills v. Specialty Machine Co., 103 Ga. App. 478 (2) ( 120 SE2d 54 ). “The jurisdiction of [the Supreme Court] is not limited to good cases in equity, but will embrace both good and bad equity cases.” Consequently, “even though [the petition, as amended] may not state a valid and subsisting cause of action for [equitable] relief,” it is within that court’s jurisdiction. O’Callaghan v. Bank of Eastman, 180 Ga. 812, 818 ( 180 SE 847 ). The appeal is accordingly Transferred to the Supreme Court.

Bell, P. J., and Jordan, J., concur.

How later courts describe this case

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

1967: 119672026peak 1967 · 1

Relies on it most ⓘ

  1. Sutker v. Pennsylvania Insurance155 S.E.2d 694 (Ga. Ct. App. 1967)

Most recent

  1. Sutker v. Pennsylvania Insurance155 S.E.2d 694 (Ga. Ct. App. 1967)

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 4

DepthCaseCited by
O'Callaghan v. Bank of Eastman, 180 S.E. 847 (Ga. 1935) 28
Benton v. Benton, 139 S.E. 68 (Ga. 1927) 13
Am. Associated Companies, Inc. v. Vaughan, 78 S.E.2d 43 (Ga. 1953) 7
Dixie Belle Mills, Inc. v. Specialty MacHine Co., 120 S.E.2d 54 (Ga. Ct. App. 1961) 2

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list