Smith v. Atlanta Mutual Insurance

1. Where an insured in a life-insurance policy, in a suit against the insurer to recover for an alleged breach of the contract, alleges his damage as being in the amount of the premiums which have been paid on the policy, the amount of the damage is fixed and certain, and constitutes a liquidated demand which, in a suit in a justice’s court, the insured can not, without the consent of the insurer, reduce in order to bring the case within the monetary jurisdiction of the justice’s court. Jennings v. Stripling, 127 Ga. 778 (56 S. E. 1026) ; Brantley-Groover Co. v. Ivey, 149 Ga. 263 (2 a) (99 S.…