Atlas Life Ins. v. Davis

The parties here occupied reverse relative positions in' the trial court, and hereafter they will be referred to as plaintiff and defendant, respectively.

This is an appeal from a judgment wherein the trial court sustained a motion of plaintiff for judgment on the pleadings. The defendant excepted thereto and appealed.

Defendant sets up two assignments of error: (1) “That the court erred in rendering judgment on the pleadings” and (2) “That the court erred in refusing to allow defendant to amend its answer, constituting an abuse of discretion.”

Plaintiff’s petition alleged in substance that the…