Scott ex rel. Scott v. Devine

The opinion of the court was delivered by

Harvey, J.:

This is an action on a policy or contract of reciprocal insurance. The trial court sustained a demurrer to plaintiffs’ amended petition, and they have appealed.

The original petition was in one count, but in compliance with an *809order of the court made on defendants’ motion to separately state and number, the amended petition set forth the cause or causes of action in two counts. The petition alleges, in substance, that plaintiffs are the minor children and dependents of Peter Scott, deceased, who on February 16, 1927, while working as a coal…