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BANKERS FIDELITY LIFE INSURANCE COMPANY v. DURCINKA.
40181.
CARLISLE, Presiding Judge.
Complaint. Screven Superior Court. Before Judge Usher.
The defendant made a motion for a judgment notwithstanding the verdict which was overruled by the trial judge, and the case is here upon exceptions thereto. Held:
1. This case is controlled by the decisions of this court in Bankers Fidelity Life Ins. Co. v. Morgan, 104 Ga. App. 894 (123 SE2d 433), and Bankers Fidelity Life Ins. Co. v. Oliver, 106 Ga. App. 305 (126 SE2d 887).
2. The demurrers of the defendant to the petition claiming that no cause of action was set forth because Code 56-519, upon which the action was based, had been repealed before the suit was filed, were overruled by the trial judge and are unexcepted to. Such ruling is, therefore, the law of the case. Bankers Fidelity Life Ins. Co. v. Oliver, 106 Ga. App. 305, supra.
Hilton & Hilton, L. H. Hilton, contra.
Smith, Field, Ringel, Martin & Carr, Sam F. Lowe, Jr., Ralph H. Hicks, for plaintiff in error.
DECIDED JUNE 26, 1963.
Friday May 22 22:06 EDT


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