American Indemnity Co. v. Willingham

Whitman, Judge.

Jimmy B. Willingham, Jr., as he was called in his complaint, or Jimmy Junior Willingham, as he called himself, filed an action in the State Court of Chattooga County, seeking to recover under a fire insurance policy issued by the defendant-appellant.

*819The defendant’s answer set up several defenses. One defense was that the identical claim was already pending against it in the Superior Court of Chattooga County and that the present action should be held in abeyance pending determination of the first case. The defendant invoked a ruling on this defense, but was denied the relief…