Rhyne v. Manchester Assurance Co.

Opinion, of the court by

Burford, C. J.:

The plaintiff in error Ehyne brought his action in the probate court of Blaine county against the defendant in error to recover the sum of twenty-four dollars and accumulated interest, alleged to be due for part of a return premium on a policy of insurance. A summons was issued and the sheriff’s return recites that it was served upon the company’s agent at Watonga. The company appeared and filed a demurrer to the bill of particulars upon two grounds: first, that the bill of particulars did not state facts sufficient to constitute a cause of action, and…