SMITH v. CALVERT FIRE INS. CO. OF PENNSYLVANIA


240 S.W.2d 843 (1951)

SMITH et al. v. CALVERT FIRE INS. CO. OF PENNSYLVANIA.

Court of Appeals of Kentucky.

June 22, 1951.


Attorney(s) appearing for the Case

D. G. Boleyn, Hazard, Dan Martin, Carl D. Perkins, Hindman, for appellants.

G. C. Wilson, Hazard, William Mellor, Louisville, for appellee.


CAMMACK, Chief Justice.

This is an ordinary action to recover on an automobile collision insurance policy. Proof was taken by deposition and, by agreement of the parties, the case was submitted to the court for a trial without a jury. It was not transferred from the ordinary to the equity docket. The court ruled in favor of the Insurance Company. The appellants, plaintiffs below, did not file a motion for a new trial and did not file a bill of exceptions. On May 2...

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