Mutual Benefit Life Insurance v. Driskal
Cases that cite this one
7 later published cases cite this decision.
- Keith v. Darby (Ga. Ct. App. 1961)
- Wilensky Leather Co. v. Buley (Ga. Ct. App. 1963)
- Council v. Statham (Ga. 1938)
- Dunton v. Mozley (Ga. Ct. App. 1930)
- Kennedy v. Ayers (Ga. 1928)
- Goldstein v. Georgia Railway & Power Co. (Ga. Ct. App. 1924)
- Sparks & Hutson v. Fort (Ga. Ct. App. 1923)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action upon a life-insurance policy the petition was dismissed upon special demurrer, which ruling was affirmed by this court. 144 Ga. 534 (87 S. E. 668). Subsequently the plaintiff brought a second action on the same policy, and the defendant pleaded the judgment dismissing the former action as res adjudicata. The trial judge who passed on the case without a jury sustained the plea. Upon review by the Court, of Appeals the judgment of the trial court was reversed. 21 Ga. App. 777 (95 S. E. 268). The case came before this court on certiorari. The original petition having been dismissed on special demurrer, and not on general demurrer going to the merits of the case, it was properly decided, on writ of error, that the trial judge erred in sustaining the plea of res adjudicata; and that decision is
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.