Toussaint v. American Mut. Liability Ins.

ELLIS, Judge.

Plaintiff is seeking to recover compensation for total, permanent disability from the insurer of his employer as the result of an alleged accident.

Counsel for plaintiff admitted in the District Court and the District Court so held, and he has again admitted before this Court that on the merits he had no case, but, by oral motion in the district court prior to trial, asked for judgment on the face of the pleadings because of alleged admissions made in defendant’s answer to plaintiffs petition.

The district court denied the motion for judgment on the face of the pleadings and, after…