American Ins. Co. of Newark, N.J. v. Dutton

OPINION ON REHEARING.

Counsel for appellant in its motion for a rehearing claims that the court did not take into consideration a clause of the insurance policy which is set out in tlxe brief on the motion on rehearing. We do not deem it necessary to set out this provision of the policy, for, under our settled rules of practice, we cannot consider it. It is true that the policy was made an exhibit to the complaint, but this court has uniformly held that in actions at law exhibits to the complaint can only be used as explanatory of the allegations of the complaint and not for the purpose of…