Aetna Insurance v. LeRoy

This is an action on a policy of fire insurance. The appellant contends that its demurrer to the complaint should have been sustained because that pleading does not allege that the property was destroyed by fire. It appears that the clerk, in making out the original transcript, had omitted to copy the words “by fire” after the words “totally destroyed,” in copying the complaint. This defect has since been remedied by the correction of the record in obedience to the writ of certiorari. No other defect is pointed out.

The appellant has assigned the overruling of its motion for a new trial as…