State Mut. Life & Annuity Ass'n v. Kemp
| Decision Date | 26 April 1902 |
| Parties | STATE MUT. LIFE & ANNUITY ASS'N v. KEMP. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
When a corporation, on defense to an action against it, files a plea to the jurisdiction, based on the ground that it had no agency or agent in the county wherein the suit was brought at the time of the filing of the plaintiff's petition traverses the return of the sheriff purporting to show service upon its agent in that county, and the special issue arising upon the traverse is tried separately and found against the defendant, the parties having agreed "that the plea to the jurisdiction of the court shall abide the final judgment on the issue made by the traverse to the return of service," held that, while the defendant may move for a new trial of this special issue, it cannot bring here for review a judgment overruling such motion until after the rendition of a final judgment in the main case.
Error from city court of Macon; W. D. Nottingham, Judge.
Action by Rebecca M. Kemp against the State Mutual Life & Annuity Association. A special issue on a traverse to the return being found against defendant, there was a motion for new trial, which was overruled. From a judgment overruling the motion, defendant brings error. Dismissed.
Dean & Dean and A. L. Dasher, for plaintiff in error.
John P Ross, for defendant in error.
Rebecca M. Kemp brought an action in the city court of Macon against the State Mutual Life & Annuity Association upon a policy of life insurance issued by the defendant to the plaintiff's husband, since deceased. The defendant filed a plea to the jurisdiction of the court, based on the ground that defendant had no agency or agent in the county of Bibb, wherein the suit was brought, at the time of the filing of plaintiff's petition, but that its residence and principal office were in the county of Floyd. At the same term at which this plea was filed, the defendant traversed the return of the deputy sheriff, purporting to show service upon defendant's agent in Bibb county. The special issue arising upon the traverse was tried separately; the parties having agreed, in writing, "that the plea to the jurisdiction of the court shall abide the final judgment on the issue made by the traverse to the return of service." The jury trying the special issue returned a verdict against the traverse. The defendant moved for a new trial, which motion being...
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