United States v. Earwood

HUTCHESON, Circuit Judge.

When this appeal from a verdict and judgment in á suit on a war risk insurance policy was first heard by us, two points were insisted on for reversal: That no disagree? ment was alleged or proved sufficient to give the plaintiff right to sue; that the court should have directed a verdict for defendant on the merits. We thought the first point well taken.1 We did 'nót dtecide the second. Certiorari having been granted, our judgment was “in view of the authority of Public Resolution No. 1, 74th Congress, approved January”28, 1935 [38 USCA § 445c],” vacated.2 The cause…