A. G. Boone Co. v. Owens

The instant suit, for the alleged tortious homicide of plaintiff’s husband, was filed on June 14, 1934, against a motor carrier, the driver of its truck which struck the deceased, and its insurer on an indemnity-insurance policy, given under the motor common-carrier act of 1931 (Code, § 68-612). Process was made returnable to the July term, on the third Monday in July, 1934. On July 13, 1934, plaintiff filed an amendment, which was allowed, striking the name of the insurance company as a party. The petition contained averments as to the requirement of the act that the carrier should take…