Mitchell v. Liberty National Life Insurance

The defendant filed a general demurrer to the petition on the ground that it does not set out a cause of action against the defendant, in that, “in the first place, while it is alleged in the petition that ‘said policy is in full force and effect’ it is nowhere alleged that all premiums have been paid. The statement to the effect that the policy was ‘in full force and effect’ is a mere conclusion. In order for a policy to be in force and effect it is necessary that all premiums on the policy be paid, and an allegation to that effect is a necessary requisite.” This court, in National Life &…