Southern Surety Co. v. Fortson

This is a suit upon a policy of accident insurance.

Copies of the policy, and of the application therefor (signed by the plaintiff), were attached to the petition, and the petition as amended set out a cause of action and was not subject to any of the special grounds of the demurrer, and the court properly so ruled.

The answer to the question as to the correctness of the court’s ruling upon the demurrer to the amended answer depends upon a consideration, and the proper construction, of the answer and the demurrer. Of course it is elementary law that when pleadings are attacked by demurrer, the…