Irvin v. Metropolitan-Hibernia Fire Insurance

This was an action of assumpsit brought by the appellees against the .appellant on an oral preliminary contract of insurance. The appellant has assigned, as one ground of error, the refusal of the trial court to sustain appellant’s motion in arrest of the judgment of the lower court for the reason that the declaration does not. state a cause of action, and is therefore insufficient to support the judgment. If the appellant is correct in this contention, further review of the record beyond an examination of the declaration would be unnecessary by this court. Therefore it is deemed advisable to…