Legal Opinion

KELLY v. GEORGIA CASUALTY & SURETY COMPANY

Supreme Court of Georgia

Decided May 22, 1961No. 21220PublishedCited by 7 opinions

1Opinion of the Court

Mobley, Justice.

If an answer by the Supreme Court of a question certified to it by the Court of Appeals would constitute a decision of the main case, the question cannot, under the Constitution, be answered. Gunby v. Roberts, 205 Ga. 346 (53 S. E. 2d 370); Lynch v. Southern Express Co., 146 Ga. 68 (96 S. E. 527). A certified question of law and fact will not be answered and, even if the question certified is one of law only, it will not be answered if such answer would necessarily control the decision of the case. Johnston v. Travelers Insurance Co., 183 Ga. 229 (188 S. E. 27); English v.…

2Cases cited4 opinions

  1. Lynch v. Southern Express Co.Supreme Court of Georgia · 1916
  2. English v. RosenkrantzSupreme Court of Georgia · 1921
  3. Johnston v. Travelers InsuranceSupreme Court of Georgia · 1936
  4. Gunby v. RobertsSupreme Court of Georgia · 1949

3Cited by7 opinions

  1. Houston v. Lowes of Savannah, Inc.Supreme Court of Georgia · 1975
  2. In the Interest of J. F., a ChildCourt of Appeals of Georgia · 2016
  3. In the Interest of J. F.Supreme Court of Georgia · 2017
  4. Raif v. StateSupreme Court of Georgia · 1964
  5. In the Interest of J. F., a ChildCourt of Appeals of Georgia · 2016

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