Owens v. Auto Mut. Indemnity Co.

THOMAS, Justice.

The suit was by the administrator of the Elmore estate under section 5695 of the Code, and against the Auto Mutual Indemnity Company, a corporation, to recover damages for the death of his intestate.

The defendant’s demurrers to the complaint were overruled. Therefore, pleas 1 to 4, inclusive, were filed as answer to counts 1 and 2, respectively, and demurrers thereto were overruled. A nonsuit was taken because of such adverse ruling of the court, and such rulings assigned as error are. duly urged in argument by appellant’s counsel.

It is decided by this court that where the…