Egan v. United States

SPARKS, Circuit Judge.

This is an appeal from an order of the District Court dismissing a suit, brought by appellant’s decedent on his policy of war risk insurance, for want of jurisdiction. It was stipulated in the court below that the cause should be submitted to the court for trial on the issue as to jurisdiction only, and if the decision on that issue should sustain the jurisdiction, then the cause should be tried on the merits at a later date.

The Government filed a motion to dismiss on the ground that there had been no disagreement between the parties as contemplated by section 19 of the…