Priest v. Kansas City Life Insurance

The opinion of the court was delivered by

Mason, J.:

A judgment for the plaintiff upon a life insurance policy issued by the defendant to her husband was reversed. (Priest v. Life Insurance Co., 116 Kan. 421, 227 Pac. 538, 117 Kan. 1, 230 Pac. 529.) Pending a new trial a point of law was raised by the plaintiff which if well taken would end the litigation, and in her behalf application was made for this court to recall its mandate and decide the new question as a part of the original appeal. The defendant having expressed a preference that the matter should be determined in this way, the…