Equitable Life Assurance Society v. Felton

On the threshold of this case we are confronted with the contention, advanced by appellee, that appellant’s contentions, as evidenced in the motion for new trial, cannot here be considered for the reason that said motion was filed without the time given by § 1314, Crawford & Moses’ Digest, of the laws of Arkansas. Although this contention presents a very serious question, it relates to this case only. Therefore we pretermit consideration or determination thereof, because the case must be affirmed on its merits.

In 1924 appellant issued and delivered its contract of insurance to one William F.…