KELLY, Executrix v. GEORGIA CASUALTY & SURETY COMPANY

21220.

216 Ga. 834 (1961)

120 S.E.2d 329

KELLY, Executrix v. GEORGIA CASUALTY & SURETY COMPANY et al.

Supreme Court of Georgia.

Decided May 22, 1961.


Attorney(s) appearing for the Case

Howard & Storey, James C. Howard, for plaintiff in error.

Maurice N. Maloof, George A. Durden, Smith, Field, Ringel, Martin & Carr, contra.


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...

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