Sovereign Camp, W. O. W. v. Gay

The plaintiff declared on an insurance certificate issued by defendant. Demurrer to the complaint was overruled, and by written agreement between the attorneys the xfioas of defendant were limited to “matters and things that can be specially pleaded,” and these pleas were “in short by consent.” When the case was called, the defendant came not, but made default, whereupon, on motion of plaintiff, the court entered judgment nil dicit, and called a jury to ascertain the damages. On the original complaint as filed by plaintiff, there was a demand for a jury trial, and appellant now contends that…