Camp v. Bowman, (No. 19932.)

• Decision Date: 13 November 1929
• Docket Number: (No. 19932.)
• Citation: 150 S.E. 436,40 Ga.App. 536
• Parties: SOVEREIGN CAMP, W. O. W., v. BOWMAN.
• Court: Georgia Court of Appeals

40 Ga.App. 536

150 S.E. 436

SOVEREIGN CAMP, W. O. W.,

v.BOWMAN.

(No. 19932.)

Court of Appeals of Georgia, Division No. 1.

Nov. 13, 1929.

(Syllabus by Editorial Staff.)

Error from Superior Court, Walker County; James Maddox, Judge.

Action by Inez Bowman against the Sovereign Camp, Woodmen of the World. Judgment for plaintiff, and defendant brings error. Affirmed.

Rosser & Shaw, of La Fayette, for plaintiff in error.

Maddox, Matthews & Owens, of Rome, and Norman Shattuck, of La Fayette, for defendant in error.

Syllabus Opinion by the Court

BROYLES, C. J. [1] 1. Section 5570 of the Civil Code of 1910, providing that, "whenever process is not served the length of time required by law before the appearance term, such service shall be good for the next succeeding term thereafter, which shall be the appearance term, " is applicable to the service of process upon the insurance commissioner in an action against a fraternal beneficiary association, although it is stipulated in the statute providing for such service (Ga. Laws 1914, p. 111, § 17) "that no such service shall be valid or binding against any such society when it is required thereunder to file its answer, pleading or defense in less than thirty days from the date of mailing the copy of such service to such society. When legal process against any such society is served upon said insurance commissioner he shall forthwith forward by registered mail one of the dupli cate copies prepaid and directed to its secretary or corresponding officer. Legal process shall not be served upon any such society except in the manner provided herein."

Under the above-stated ruling and the facts of the instant case, the court did not err in passing the following order: "After a hearing on the within exceptions [to the service of process], it is ordered that same be overruled in so far as same asks that suit be dismissed. Ordered further that, it appearing that service being too late for February term, the May term is adjudged to be the appearance term, and the August term, 1928, is adjudged to be the trial term of said case."

2. "If, after a policy of insurance has been issued, knowledge be brought home to the insurer that certain statements material to the risk made by the assured to procure insurance are untrue, but which were by him warranted to be true, and, notwithstanding such knowledge, the insurer thereafter receives the premiums, in accordance with the terms of the policy, he will, after loss, be held to have waived any...