ROYAL INS. CO. v. STORY

7 Div. 960.

40 So.2d 719 (1949)

ROYAL INS. CO., Limited, v. STORY.

Court of Appeals of Alabama.

Rehearing Denied March 29, 1949.


Attorney(s) appearing for the Case

F. W. Davies and Davies & Williams, all of Birmingham, for appellant.

Walter J. Merrill and Knox, Jones, Woolf & Merrill, all of Anniston, for appellee.


CARR, Judge.

The complaint in this cause consists of one count which is predicated on a policy of insurance covering loss by fire of an automobile.

The defendant first interposed a plea in abatement which alleges in effect that the insured did not file a sworn statement of the loss as required by the provisions of the policy.

In reply to this plea the insured filed a number of replications. Some of the replications approach the reply on the theory...

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