National Sur. Corp. v. Boney
Decision Date | 11 September 1959 |
Docket Number | No. 20497,20497 |
Parties | NATIONAL SURETY CORPORATION v. Mrs. J. D. BONEY. |
Court | Georgia Supreme Court |
Carl K. Nelson, Nelson & Nelson, Dublin, Newell Edenfield, Buchanan, Edenfield & Sizemore, Atlanta, for plaintiff in error.
Daniel Duke, Atlanta, for defendant in error.
Syllabus Opinion by the Court.
This case is here upon the grant of certiorari to the Court of Appeals in National Surety Corp. v. Boney, 99 Ga.App. 280, 108 S.E.2d 342, 343, in which the facts will be found. The applicant for certiorari assigns error upon each of the rulings of the Court of Appeals.
1. The ruling that 'The act of March 4, 1958, (Ga.L.1958, p. 114, 116), Code § 56-601, changing the venue in certain actions against insurance companies and vesting jurisdiction of actions on bonds to sheriffs or other law enforcement officers exclusively in the county where the officer resides does not apply to suits then pending,' follows the decision of this court in Sharpe v. Lowe, 214 Ga. 513(1), 106 S.E.2d 28, in which the precise question was ruled on, and is correct.
2. The ruling that 'The Civil Court of Fulton County has jurisdiction to entertain an action brought on the bonds of officers of Fulton County, though the breach of the bond may arise out of wrongful, personal injury inflicted upon the plaintiff,' is erroneous. Section 10 of the act of 1925 (Ga.L.1925, p. 372), amending the act creating the Municipal Court of Atlanta, provided that such jurisdiction be concurrent with the Superior Court, except as to cases arising from injuries to the person or reputation and of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia.' Section 26 of the original act was amended in 1956 (Ga.L.1956, p. 3277), by providing that the court should have jurisdiction 'to try and dispose of all civil cases of whatever nature, except injuries to the person or reputation * * *' In the only case involving the jurisdiction of the Civil Court of Fulton County the basis of which was injuries to the person, this court in Cantrell v. Davis, 176 Ga. 745, 746, 747, 169 S.E. 38, 39, said: While that case was an action ex delicto seeking damages for personal injuries, the construction by the court of the language of the act, to the effect that the 'exception is so broad as to deny to that court all jurisdiction of cases where a personal injury is the basis of the action, whether directly or indirectly as the origin of a right of action * * *' and that the civil court 'is entirely without jurisdiction to deal at all with suits which depend upon personal injuries,' would embrace the situation we have here, where the basis of the action 'for violation of the terms and conditions of the bond' is the personal injuries alleged to have been inflicted by the sheriff upon the plaintiff. The act does not say that the court is without jurisdiction of causes of action ex delicto brought for injuries to the...
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...unanimously in Slaton v. Morrison, 144 Ga. 471(2), 87 S.E. 390, is controlling here. The defendants rely on National Surety Corp. v. Boney, 215 Ga. 271, 110 S.E.2d 406, and Addington v. Ohio So. Express Inc., 118 Ga.App. 770, 165 S.E.2d 658. National Surety Corp. v. Boney, 215 Ga. 271, 110 ......
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...in nature.20 Garland, however, relies on National Surety Corp. v. Boney21 to contend § 9-10-31.1(a) should not be applied retroactively. In Boney, the Court of Appeals noted that the language of the new venue statute at issue indicated that it was to be applied to future cases only. Althoug......
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Public Nat. Ins. Co. v. Wheat, s. 37916
...in which the basis of the action is injuries to the person, as in Cantrell v. Davis, 176 Ga. 745, 169 S.E. 38 and National Surety Corp. v. Boney, 215 Ga. 271, 110 S.E.2d 406. By the plain terms of the policy provisions under which the plaintiff's right of action arises, this is an action ex......
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