Milwaukee Mechanics Insurance v. Rawls
Court of Appeals of Georgia
Action on insurance policy; from Mitchell superior court — Judge Harrell. April 19, 1920. The insurance company contended that the fire-insurance policy sued upon had been surrendered and canceled before the fire.
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Action on insurance policy; from Mitchell superior court — Judge Harrell. April 19, 1920. The insurance company contended that the fire-insurance policy sued upon had been surrendered and canceled before the fire. The plaintiff contended that he delivered the policy to the company’s agent for the purpose of enabling the agent to make an indorsement on it, but not for surrender and cancellation.' The evidence referred to in paragraph 1 of the decision was to the effect that the plaintiff made efforts to see the agent and get the policy on the next day after the night of the fire, and that he…
1Opinion of the CourtBloodworth, J.
1. In the motion for a new trial certain evidence is objected to as “ entirely immaterial.” In Thompson v. Thompson, 77 Ga. 692(7) (3 S. E. 161), it is held: “Neither the rejection nor admission of immaterial evidence is cause for a new trial.” If the court erred in the admission of the evidence complained of, it was not of such materiality as to require the grant of a new trial. See Arnold v. Stevens, 139 Ga. 495 (77 S. E. 579); Brown v. State, 119 Ga. 572(2) (46 S. E. 833); Ga., Fla. & Ala. Ry. Co. v. Parsons, 12 Ga. App. 180(6) (76 S. E. 1063).
2. When considered in connection with all the…
2Cases cited4 opinions
- Thompson v. ThompsonSupreme Court of Georgia · 1887
- Brown v. StateSupreme Court of Georgia · 1904
- Georgia, Florida & Alabama Railway Co. v. ParsonsCourt of Appeals of Georgia · 1913
- Arnold v. StevensSupreme Court of Georgia · 1913
3Cited by2 opinions
- Cambron v. StateCourt of Appeals of Georgia · 1927
- Hamrick v. StewartCourt of Appeals of Georgia · 1922