Schware v. Home Life Insurance Co. of America

Opinion by

Keller, P. J.,

This was an action of assumpsit on a life insurance policy, tried, by agreement of the parties, by the court without a jury, under the Act of April 22, 1874, P. L. 109.

As the procedure prescribed by the Act of 1874 was not followed and the opinion of the court below shows a misconception of the issues involved, we are obliged to reverse the judgment.

The Act of 1874 provides that following the trial the court shall file with the prothonotary its decision in writing, and if requested by counsel for either party 1 shall state separately and distinctly the facts found, the…