District Grand Lodge Number 18 v. Webb

Wade, 0. J.

1. The motion to dismiss the bill of exceptions, on the ground that no copy of the plea in abatement was sent up, is overruled, as the substance of the plea in abatement is sufficiently set forth in the petition for certiorari, so that the issues raised thereby are presented for consideration.

2. There was sufficient evidence to support the finding of the judge (who tried the case without the intervention of a jury) against the plea in abatement, upon the theory that the defendant, by an absolute and unconditional denial of liability, had waived the requirement, in the policy sued…