Legal Opinion
Hershberger v. United States
Court of Appeals for the Seventh Circuit
Decided November 10, 1943No. 8362PublishedCited by 2 opinions
1Opinion of the Court
MINTON, Circuit Judge.
On April 26, 1935, the plaintiff-appellant filed suit in the District Court for the Northern District of Indiana against the United States on a war risk insurance policy.
On September 13, 1935, the defendant filed a plea in abatement, challenging the capacity of the plaintiff to sue on the ground that he was of unsound mind. Reply to the plea in abatement was filed on December 31, 1935. On the issue thus formed on the plea in abatement, a jury was waived by the parties, and the matter was submitted on February 6, 1936, to the court for trial without the intervention of a…
2Cases cited5 opinions
- Greer v. YoungIllinois Supreme Court · 1887
- Towle v. PullenCourt of Appeals for the Seventh Circuit · 1916
- State v. BoydNebraska Supreme Court · 1928
- Roberts v. Metropolitan Life Ins.Court of Appeals for the Seventh Circuit · 1938
- Richter v. HoglundCourt of Appeals for the Seventh Circuit · 1943
3Cited by2 opinions
- Eisbach v. Jo-Carroll Electric Cooperative, Inc.Court of Appeals for the Seventh Circuit · 1971
- Eisbach v. Jo-Carroll Electric CooperativeCourt of Appeals for the Seventh Circuit · 1971