Statham v. Southern States Life Insurance

Court of Appeals of Georgia

Statham v. Southern States Life Insurance

63 S.E. 250, 5 Ga. App. 357, 1908 Ga. App. LEXIS 120

CourtCourt of Appeals of Georgia

DecidedDecember 22, 1908

Docket1465

StatusPublished

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Bluebook

Statham v. Southern States Life Insurance, 63 S.E. 250, 5 Ga. App. 357, 1908 Ga. App. LEXIS 120 (Ga. Ct. App. 1908).

Pincite

Opinion

Powell, J.

1. A party will not be permitted to sue upon a contract and at the same time to allege that it is void because procured by fraud.

2. In the amendment tendered, the plaintiff sought to set up a new and distinct cause of action.

3. The court did not err in refusing to allow the amendment tendered, and in dismissing the petition, in accordance with the decision of this court in the case when it was here on a former writ of error. See So. States Life Ins. Co. v. Statham, 4 Ga. App. 482 ( 61 S. E. 886).

Judgment affirmed.

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