Harness v. Churchmembers Life Insurance

This cause comes to us from a Superior Court of Marion County wherein the trial court sustained a demurrer to the appellant’s complaint.

For a review of the record and the briefs now before us, it appears that the trial court sustained the demurrers upon the authority of the following cases: Plotzki v. Standard Oil Co. (1950), 228 Ind. 518, 92 N. E. 2d 632, and Neal, Admr. v. Home Builders, Inc. (1953), 232 Ind. 160, 111 N. E. 2d 280, 111 N. E. 2d 713.

It appearing that two Judges of each division of the Appellate Court are of the opinion that the ruling precedent of the Supreme Court as…