Home Ins. Co. of New York v. I. R. G. Co.

This is a suit in which plaintiff as subrogee seeks to recover the amount paid its assured under a contract of insurance for destruction of certain farm machinery by fire allegedly due to the negligence of defendant. Inasmuch as the issues tendered by this appeal are solely concerned with procedural matters, we deem it unnecessary to set forth the facts.

Defendants filed numerous exceptions prior to answer, which appear to have been presented in the following order:

Exception to the citation;

Exception of want of capacity;

Exception to service;

Exception of no cause of action and no right of…