Legal Opinion
Phoenix Assurance Co. v. Glens Falls Insurance
Court of Appeals of Georgia
Decided April 18, 1960No. 38206PublishedCited by 21 opinions
1Opinion of the Court
Nichols, Judge.
One ground of demurrer filed by Glens Falls Insurance Company, and sustained by the trial court, was “that the petition does not allege facts sufficient to entitle the plaintiff to declaratory or equitable relief.” This question will be decided first, for if this ground of demurrer was properly sustained the remainder of the questions presented by the writ of error are moot, and any decision on such further grounds would be obiter dictum.
The plaintiff relies on cases such as Mensinger v. Standard-Accident Ins. Co., 202 Ga. 258 (42 S. E. 2d 628), Georgia Casualty &c. Co. v.…
2Cases cited6 opinions
- Georgia Casualty & Surety Co. v. TurnerCourt of Appeals of Georgia · 1952
- Mensinger v. Standard Accident Ins. Co.Supreme Court of Georgia · 1947
- Griffin v. Hardware Mutual InsuranceCourt of Appeals of Georgia · 1956
- State of Georgia v. Hospital AuthoritySupreme Court of Georgia · 1958
- United States Casualty Co. v. Georgia Southern & Florida Ry. Co.Court of Appeals of Georgia · 1957
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Zurich Insurance v. New Amsterdam Casualty Co.Court of Appeals of Georgia · 1968
- United States Fidelity & Guaranty Co. v. WatsonCourt of Appeals of Georgia · 1962
- Travelers Indemnity Co. v. HoodCourt of Appeals of Georgia · 1964
- Allstate Insurance v. ShumanCourt of Appeals of Georgia · 1982
- OXFORD FINANCE COMPANIES, INC. v. DennisCourt of Appeals of Georgia · 1987
16 more not listed; retrieve them via the Exa API.