Witt v. Wonser

The action is one to recover damages for personal injuries. It is for this purpose, and no other, that the action was brought. No judgment could be entered upon the court’s order, because it does not determine or fix any liability. The liability, if any, must .be determined or fixed by a court or a jury, and if it be found either by the court or the jury that the policy in question was a valid policy and in force at the time of the injury, then judgment follows in plaintiff’s favor in accordance with the order for judgment.

It requires no argument to conclude that, notwithstanding the finding…