National Farmers Union Property & Casualty Co. v. Thompson

CROCKETT, Justice.

Pontiff Farmers Insurance Company sued to recover $2,000 it had paid Leland J., Thompson for loss by fire of a frame building used to store farm machinery; Mr. Thompson counterclaimed for $4,000 additional for machinery also damaged by the fire. The issues of fact were submitted to a jury on special interrogatories, all of which were answered favorably to the defendant Thompson and judgment was entered thereon.

The first matter of concern is one of procedure. The trial judge, on his own initiative and without notice to the parties, entered a conditional order: that a new…