Riley v. Aetna Insurance
West Virginia Supreme Court
Error to Circuit Court, Roane County. Action by P. W. Riley against the Aetna Insurance Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
Miller, Judge:
To obtain a review of the judgment for plaintiff for six hundred dollars, upon one of its policies of fire insurance, defendant obtained this writ of error.
First, it is pointed out that the demurrer to the declaration should have been sustained. While the record shows such demurrer, the ease was tried without reference thereto on the other pleadings, but the effect of the judgment was to overrule the demurrer.
The declaration is neither the short form prescribed by section 61, of chapter 125, of the Code, nor a common law declaration upon a policy of insurance. It seems to be an…
2Cases cited12 opinions
- Morrison v. Insurance Co. of North AmericaTexas Supreme Court · 1887
- Medley v. German Alliance InsuranceWest Virginia Supreme Court · 1904
- Cleaver v. Traders' InsuranceMichigan Supreme Court · 1888
- Tucker v. Colonial Fire InsuranceWest Virginia Supreme Court · 1905
- Skinner v. . NormanNew York Court of Appeals · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Niagara Fire Insurance Co. v. MullinsCourt of Appeals of Kentucky (pre-1976) · 1927
- Atkins v. STONEWALL CASUALTY COMPANYWest Virginia Supreme Court · 1971
- Mazzella v. Hanover Fire InsuranceWest Virginia Supreme Court · 1934
- Dickerson v. Great American InsuranceWest Virginia Supreme Court · 1942
- Duncan v. Federal Union InsuranceWest Virginia Supreme Court · 1932
2 more not listed; retrieve them via the Exa API.