National Fire Insurance v. Hornbuckle

Under tbe rulings in headnotes 1 and 2 (repeatedly announced by the Supreme Court and this court), the assignments of error on the exceptions pendente lite will not be passed upon.

This was a suit bn a policy of fire-insurance covering a stock of goods and store furniture and fixtures of the plaintiff. The policy contained, among other provisions, the warranty known as the “iron-safe clause.” The petition alleged that the plaintiff had complied with all the conditions of the policy. The defendant’s answer averred that the plaintiff had not complied with the “iron-safe clause” of the policy,…