Cotton States Mutual Insurance v. Davis

Fkankum, Judge.

The sole issue argued on the assignment of error before this court complaining of the overruling of the defendant’s motion for a new trial relates to whether the award of attorney’s fees was authorized. Irrespective of the evidence in the case, the record shows that the plaintiff in his petition prayed that the court adjudge attorney’s fees against the defendant “in the event verdict is rendered for penalty on the basis of bad faith by the defendant.” There was no prayer for general relief. The verdict of the jury was in the following form: “We, the jury find for the plaintiff…