Risner v. Gibbons

Prior to the time of trial on the, issues formed by the pleadings to recover from the appellant property damages resulting from an automobile collision, appellant filed his plea in abatement in which it was stated that the appellee was not the real party in interest but, on the other hand, such real party was State Farm Mutual Insurance Company, who had paid all but fifty ($50.00) dollars deductible on an insurance policy to the said appellee by virtue of her collision loss. The issues thus tendered by said plea in abatement were submitted to the court on the following stipulation of facts:

"On…