SERVICE CASUALTY CO. OF NEW YORK v. CARR

38021, 38040.

101 Ga. App. 70 (1960)

113 S.E.2d 175

SERVICE CASUALTY COMPANY OF NEW YORK v. CARR; and vice versa.

Court of Appeals of Georgia.

Decided January 21, 1960.


Attorney(s) appearing for the Case

Robert E. Knox, Cubbedge Snow, Martin, Snow, Grant & Napier, for plaintiff in error.

Randall Evans, Jr., contra.


TOWNSEND, Judge.

1. The defendant insurance company was the movant in the plea to the jurisdiction and had the burden of sustaining its allegations by proper proof. From the record it appears that it first offered a deposition of one of its employees and rested; the defendant "thereupon moved the court to grant a nonsuit, and subject to such motion moved the court to direct a verdict in his favor" on stated grounds, and the trial court allowed the defendant to present...

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