Clemmer's Adm'r v. Jefferson Standard Life Ins. Co.

PAUL, District Judge.

The defendant in its motion to set aside the verdict of the jury and to grant a new trial has assigned a number of errors. However, many of these merely advance in different form the same question raised in others and all may be considered under several groupings.

1. In the chronological order of the trial, we come first to defendant’s insistence that its special plea No. 4 set up an equitable defense and that the ’questions raised thereon should have been determined by the court, sitting as a chancellor, and should not have been submitted to the jury. This plea is to the…