TRAVELERS INSURANCE CO. v. MILLER

38845.

104 Ga. App. 554 (1961)

122 S.E.2d 268

TRAVELERS INSURANCE COMPANY v. MILLER.

Court of Appeals of Georgia.

Rehearing Denied October 4, 1961.


Attorney(s) appearing for the Case

W. Hale Barrett, Hull, Willingham Towill & Norman, J. Cecil Davis, for plaintiff in error.

Randall Evans, Jr., contra.


HALL, Judge.

1. The question of first importance, upon which depends the necessity to review all the others, is whether or not there is any evidence sufficient in law to support the jury's verdict that plaintiff's husband, Ercell B. Miller, died before midnight December 19, 1959. The record contains no positive evidence supporting this conclusion. There is supporting circumstantial evidence, in the testimony of witnesses set out below. (We exclude from consideration...

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