Borochoff v. National Casualty Co.

• Decision Date: 21 February 1929
• Docket Number: 18982.
• Citation: 146 S.E. 916,39 Ga.App. 319
• Parties: BOROCHOFF v. NATIONAL CASUALTY CO.
• Court: Georgia Court of Appeals

146 S.E. 916

39 Ga.App. 319

BOROCHOFF v. NATIONAL CASUALTY CO.

No. 18982.

Court of Appeals of Georgia, Second Division

February 21, 1929

Syllabus by Editorial Staff.

Where verdict for plaintiff was rendered, including attorney fees recoverable under Civ. Code 1910, § 2549, and was affirmed by appellate division of municipal court, but verdict and judgment were not demanded as matter of law, judgment of superior court, sustaining defendant's certiorari and granting first new trial, will be affirmed.

Error from Superior Court, Fulton County; John D. Humphries, Judge.

Action by Isadore Borochoff against the National Casualty Company. Judgment for plaintiff by the municipal court was affirmed by the Appellate Division, defendant's certiorari was sustained and first new trial granted by superior court, and plaintiff brings error. Affirmed.

Geo. & John L. Westmoreland, of Atlanta, for plaintiff in error.

Bryan & Middlebrooks, of Atlanta, for defendant in error.

Syllabus OPINION.

STEPHENS, J.

This being a suit instituted in the municipal court of Atlanta by the insured under an accident insurance policy, in which a verdict for the plaintiff was rendered in a certain amount, including attorney's fees recoverable under section 2549 of the Civil Code of 1910, and was affirmed by the appellate division of that court, and the verdict and judgment not being demanded as a matter of law, the judgment of the judge of the superior court, sustaining a certiorari brought by the defendant, and granting a first new trial, will be affirmed.

Judgment affirmed.

JENKINS, P.J., and BELL, J., concur.