112 Ga. 765 | Ga. | 1901
Mrs. Hart sued the Phenix Insurance Company for the loss of certain household goods and furniture, which she claimed was covered by a policy issued to her by the defendant. The petition alleged that the plaintiff was entitled to recover, in addition to the value of the goods destroyed, damages and attorney’s fees, under section 2140 of the Civil Code. To such allegation the defendant demurred, on the ground that this section of the Civil Code is contrary to the constitution of the United States, in that it deprives insurance companies of property without due process of law, and denies them equal protection under the law. The demurrer was overruled, and the defendant filed exceptions pendente lite. There was a verdict for the plaintiff for the amount sued for, with interest, together with $90 damages and $100 attorney’s fees. The defendant moved for a new trial, which the court refused, on condition that plaintiff would write off the damages and attorney’s fees. The plaintiff complied with the requirement, and a new trial was denied. Defendant in its bill of exceptions assigned error upon the judgment overruling its motion for a new trial, and also upon its exceptions pendente lite.
Judgment reversed.