Franklin Life Ins. Co. v. Ward

THOMAS, Justice.

The suit was in common counts to recover money paid by mistake on a life insurance policy. The plaintiff directed replications to defendant’s special pleas, and demurrers to the replications were overruled.

The issues were joined upon defendant’s pleas 1 to 7 as an answer to the complaint, and on plaintiff’s replications directed to the respective pleas.

Replication 2 sets out plaintiff’s cause of action for the recovery of the money paid by mistake and the policy of insurance in question was made a part thereof by exhibit. Grimsley v. First Avenue Coal & Lumber Co., 217 Ala.…