Northwestern Mutual Life Insurance v. Barbour
Court of Appeals of Kentucky
Cask 2 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The order of March 7, 1892, dismissing the action without prejudice, after it had been reversed by this court (13 Ky. Law Rep., 619), was void as to appellant, because it was entered without notice, which the rule of court.expressly requires. (Rule 4 of court; 16 Am. & Eng.
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Cask 2 — PETITION EQUITY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The order of March 7, 1892, dismissing the action without prejudice, after it had been reversed by this court (13 Ky. Law Rep., 619), was void as to appellant, because it was entered without notice, which the rule of court.expressly requires. (Rule 4 of court; 16 Am. & Eng. Ency. of Law, 807; Varden v. Mount, 78 Ky„ 86.) 2. The counter-claim, seeking a cancellation and surrender of the policy, was tendered before the motion to dismiss was properly made, and should have been filed, and the relief therein prayed for should…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OTINIOH 03? THE COURT.
This action was originally brought by James P. Barbour and others against the Northwestern Mutual Life Insurance Company to recover on two policies of life insurance. And a demurrer to defendant’s answer having been sustained, judgment for plaintiffs followed. But upon appeal to this court that judgment was reversed and case remanded for the demurrer to be overruled and further proceedings consistent with the opinion of this court.
It appears from transcript of the record before us that, March 7,1892, defendant moved to file in the lower court the…
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