Provident Life Accident Ins. Co. v. Pressley

PRICE, Judge.

The complaint consists of one count, declaring on a policy of insurance, in which it is averred that defendant, on the 1st day of September, 1947, insured the life of George Robert Hill, who died on the 2nd day of April, 1949, of which defendant has had notice.

Defendant pleaded the general issue. It is manifest from the record however, that both parties tried the cause to its conclusion as if issue had been joined upon a special plea. Dillworth v. Holmes Furniture & Vehicle Co., 15 Ala.App. 340, 73 So. 288, and authorities there cited.

On the trial plaintiff’s exhibit No. 2 was…