NATIONAL SECURITY INSURANCE COMPANY v. ELLIOTT

6 Div. 775.

162 So.2d 449 (1964)

NATIONAL SECURITY INSURANCE COMPANY v. Johnnie R. ELLIOTT.

Supreme Court of Alabama.

March 19, 1964.


Attorney(s) appearing for the Case

Parsons, Wheeler & Rose, Birmingham, for appellant.

Nelson Vinson, Hamilton, for appellee.


COLEMAN, Justice.

This is an appeal by defendant from a judgment granting a new trial to the plaintiff in an action on a group accident insurance policy.

The original trial was before the court without a jury. The court rendered judgment for defendant. Within thirty days, plaintiff filed his motion for new trial which recites as follows:

"Comes the Plaintiff in the above styled cause and moves the Court to grant a new trial in this cause, a final...

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