Euster v. Standard Accident Insurance

Opinion by Hirt, J.,

To plaintiff’s statement ,of claim, as amended by agreement of the parties, defendant filed an affidavit of defense in lieu of demurrer. After argument, the court below found that plaintiff had not pleaded a good cause of action and without giving her another opportunity to amend, entered judgment for the defendant. On the pleadings at that stage of the case, plaintiff was not entitled to recover, but if it be conceded that it was the duty of the court in disposing of the question of law, to have sustained the demurrer conditionally, entering judgment only upon plaintiff’s…