Great American Insurance Co. v. Lipe
Court of Appeals of Georgia
1Opinion of the Court
Eberhakdt, Judge.
Since there is a prayer for reformation, an equitable remedy, we must determine whether this appeal is properly in this court, or whether we should transfer it to the Supreme Court. In making this determination “both the allegations and the prayer must be examined, and where as in the case sub judice, the reformation of a contract is prayed for but the allegations of the petition fail to allege fraud or mutual mistake, the action seeking a money judgment is one at law and not in equity.” Sutker v. Pennsylvania Ins. Co., 223 Ga. 58 (153 SE2d 540). An examination of this…
Also in this document: Concurrence.
2Cases cited11 opinions
- Exchange Bank v. Macon Construction Co.Supreme Court of Georgia · 1895
- Maddox v. Life & Casualty InsuranceCourt of Appeals of Georgia · 1949
- Simonton, Jones & Hatcher v. Liverpool, London & Globe InsuranceSupreme Court of Georgia · 1874
- Wheeler v. Fidelity & Casualty Co.Supreme Court of Georgia · 1907
- Cotton States Mutual Insurance v. HuttoCourt of Appeals of Georgia · 1967
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Nationwide Mutual Fire Insurance v. RheeCourt of Appeals of Georgia · 1981
- Georgia International Life Insurance v. HuckabeeCourt of Appeals of Georgia · 1985
- James v. Pennsylvania General InsuranceCourt of Appeals of Georgia · 1983
- Langley v. Pacific Indemnity Co.Court of Appeals of Georgia · 1975
- Rothell v. Continental Casualty Co.Court of Appeals of Georgia · 1991
9 more not listed; retrieve them via the Exa API.