Ehrman v. Teutonia Ins.
District Court, E.D. Arkansas
This action was brought to recover for an alleged loss on a fire policy. The complaint alleged the plaintiff was a citizen of the state of Arkansas, and that the defendant was a corporation created by the laws of the state of Louisiana and a' citizen of that state “doing business and taking risks of insurance in the state of Arkansas, ” and that plaintiff paid the premium and the defendant issued to him the policy in suit.
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This action was brought to recover for an alleged loss on a fire policy. The complaint alleged the plaintiff was a citizen of the state of Arkansas, and that the defendant was a corporation created by the laws of the state of Louisiana and a' citizen of that state “doing business and taking risks of insurance in the state of Arkansas, ” and that plaintiff paid the premium and the defendant issued to him the policy in suit. The property insured was then contained and during the life of the policy was to be kept in a building situated in the city of Helena, Arkansas, and that the loss occurred…
1Opinion of the CourtCaldwell, J.
Under the Code of this state there is no difference in the method of pleading matter in abatement and matter in bar. Pleas in abatement are abolished, and where a want of jurisdiction over the person or subject of the action is not disclosed upon the face of the complaint the objection may be taken by answer. Gantt’s Digest, § 4567; Pomeroy on Remedies, §§ 697, 698, 721; Bliss’ Pleadings, § 345. Where other defences are embraced in the answer the court will put the issues to the jury in such a way as to elicit their verdict on the matter in abatement specifically, and where the finding on…
2Cases cited10 opinions
- Paul v. VirginiaSupreme Court of the United States · 1869
- The Lafayette Ins. Co. v. FRENCHSupreme Court of the United States · 1856
- Ex Parte SchollenbergerSupreme Court of the United States · 1878
- Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
- Railroad Company v. HarrisSupreme Court of the United States · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- State v. American Book Co.Supreme Court of Kansas · 1904
- Kahnweiler v. Phenix Ins. Co. of BrooklynCourt of Appeals for the Eighth Circuit · 1895
- Showen v. J. L. Owens Co.Michigan Supreme Court · 1909
- Corbett v. Physicians' Casualty Ass'n of AmericaWisconsin Supreme Court · 1908
- Missouri, K. & T. Trust Co. v. KrumseigCourt of Appeals for the Eighth Circuit · 1896
13 more not listed; retrieve them via the Exa API.