Kelly-Dempsey & Co. v. Century Indemnity Co.

KENNEDY, District Judge.

The appellant, plaintiff in the court below, brought this cause of action for damages against the defendant indemnity company arising out of a judgment recovered against plaintiff, together with attorney’s fees, alleged to have accrued in the defense of that litigation. Issue was joined, and the case tried to the court without the intervention of a jury. A demurrer was interposed to plaintiff’s evidence, which was taken under advisement by the trial court. Before decision, the plaintiff interposed a motion to transfer the case to the equity side and leave was sought to…