Johnson v. Board of Com'rs of Police Insurance & Annuity Fund of State

Taylor, Justice.

This appeal involves the sustaining of a demurrer to that portion of appellant’s answer which is denominated as the third or “affirmative defense”.

In 1944 suit was instituted by the respondent against appellant contending that he is entitled to benefits for total *26disability. The matter came on to be heard before the Honorable G. Duncan Bellinger, Presiding Judge, on November 30, 1944. At the conclusion of the evidence appellant moved for a directed verdict in its behalf which was refused. Immediately thereafter, counsel for both parties entered into a conference, as a result…