Mutual Benefit Health Accident Ass'n v. Ott, Jr.

In the majority opinion prepared by Mr. Justice ADAMS the two cases now under consideration are referred to and the manner in which they come before us is stated.

I find myself unable to concur in the majority opinion, supra. It will be noted the jurisdiction was first acquired by law court and that this suit was to enjoin the exercise of that jurisdiction and for other relief dependent entirely on the existence of the grounds for injunction, viz: the fact that one who might become entitled to maintain an action under the policy as a contingent beneficiary was not a party to the law action and…