Legal Opinion
Pilgrims Health & Life Insurance v. Scott
Court of Appeals of Georgia
Decided June 10, 1913No. 4650PublishedCited by 5 opinions
Appeal; from Floyd superior court—Judge Maddox. January 17, 1913.
1Opinion of the CourtRussell, J.
1. The improper allowance of an amendment to the pleadings can not be made the subject-matter of a ground of a motion for new trial. Bulloch v. Cordele Sash Co., 114 Ga. 627 (40 S. E. 734) ; Hammond v. George, 116 Ga. 792 (43 S. E. 53); Lowery v. Idleson, 117 Ga. 778 (45 S. E. 51). Since no timely exception was filed to the ruling upon the amendment m the present case, the amendment must be adjudged to have been properly allowed.
2. Under the evidence it was issuable as to whether the plaintiff (the insured) voluntarily surrendered the policy, or whether it was taken from his wife without her…
2Cases cited3 opinions
- Lowery v. IdlesonSupreme Court of Georgia · 1903
- Bullock & Co. v. Cordele Sash, Door & Lumber Co.Supreme Court of Georgia · 1902
- Hammond v. GeorgeSupreme Court of Georgia · 1902
3Cited by5 opinions
- Prudential Insurance Co. of America v. FergusonCourt of Appeals of Georgia · 1935
- Gibson v. Iowa Legion of HonorSupreme Court of Iowa · 1916
- Wilkinson v. StateCourt of Appeals of Georgia · 1916
- Cohen v. BrunsonCourt of Appeals of Georgia · 1914
- Smith v. Washington Nat. Ins.Louisiana Court of Appeal · 1952