Mutual Reserve Life Insurance v. Ross
Indiana Court of Appeals
From Superior Court of Tippecanoe County; Henry H. Vinton,t Judge. Action by Albert E. Eoss, as executor of the last will °f Alexander Eoss, deceased, against the Mutual Eeserve Life Insurance Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtMyers, J.
I. The appellee, executor of the last will and testament of Alexander Eoss, deceased, recovered judgment by default against the appellant. It is assigned here that the complaint does not state facts sufficient to constitute a cause of action. The judgment being by *623default upon the failure of the defendant to appear, such assignment tests the complaint with all the strictness of a demurrer in the court below for the same cause. Erhardt v. Pfeiffer (1902), 29 Ind. App. 570; Sloan v. Faurot (1895), 11 Ind. App. 689; Migatz v. Stieglitz (1906), 166 Ind. 361.
2. The complaint alleged the death of…
2Cases cited8 opinions
- Migatz v. StieglitzIndiana Supreme Court · 1906
- McCormack v. First National BankIndiana Supreme Court · 1876
- Penn Mutual Life Insurance v. NorcrossIndiana Supreme Court · 1904
- Continental Life Insurance v. KesslerIndiana Supreme Court · 1882
- Bird v. St. John's Episcopal Church of ElkhartIndiana Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Houser v. LaughlinIndiana Court of Appeals · 1914
- Heck v. WaymanIndiana Court of Appeals · 1932
- Commercial Life Insurance v. McGinnisIndiana Court of Appeals · 1912
- Neat v. ToppIndiana Court of Appeals · 1912
- Delewski v. DelewskiIndiana Court of Appeals · 1921
2 more not listed; retrieve them via the Exa API.