Walker v. Queen Insurance Co.

(dissenting) : This case arose by reason of the alleged destruction by fire of property of the plaintiff, Mrs. Tula A. Walker, on Mjarch 12, 1923, completely destroying house insured under Queen Insurance Company policy No. 2722, issued on July 20, 1921 in favor of T. J. Walker. Suit was then instituted in th'e name of Hula A. Walker, complaint being filed May 13, 1924, and was duly answered. Motion was thereafter made, upon notice duly served, to transfer the case to Calendar II for a hearing on the equitable issues before the trial of such legal issues as might exist in the case, which…