St. Paul Fire & Marine Ins. Co. v. Johnson

MERRILL, Justice.

The purpose of this proceeding is to procure a declaratory judgment or decree as to whether the St. Paul Company or the Louisville Company, or both, is liable to" pay a loss sustained by W. O. Johnson.

This is the third appeal in this cause. We affirmed the decree overruling the demurrer in Louisville Fire & Marine Ins. Co. v. St. Paul Fire & Marine Ins. Co., 252 Ala. 532, 41 So.2d 585. A trial on the merits before the circuit court in equity without a jury resulted in a decree holding each company liable and prorating the. loss equally between them. That’ decree was appealed…