Worley v. Travelers Indemnity Co. ( 1970 )

Hall, Presiding Judge,

concurring specially. But for the decisions cited in the above opinion I would affirm the judgment of the trial court. On the previous appeal, this court held that “the evidence is unqontradicted that the balance between the paid estimated premium and the earned premium was $1,831. . . .” Travelers Indem. Co. v. Worley, 119 Ga. App. 537, 538 (168 SE2d 168). The ruling of the trial judge in entering a judgment for the plaintiff for $1,831 is based not only upon sound principles of judicial administration but common sense. Unfortunately, however, the controlling precedents are based upon the “Doctrine of Contentious Procedure” as espoused in 1878 by Justice Logan E. Bleckley and exposed in 1906 by Roecoe Pound, “The Causes of Popular Dissatisfaction With The Administration of Justice,” 29 A.B.A. Rep. 395-417, and again in 1920 by Judge Arthur Gray Powell, “Practice In the Appellate Courts,” Report, 37th Annual Session of the Georgia Bar Association 142-162.