Massachusetts Fire & Marine Ins. v. Schmick

BOOTH, Circuit Judge.

This is an appeal from an order’of the District Court of South Dakota dated May 16, 1931, modifying an order and judgment theretofore entered in said court on the 3rd of September, 1930. Both of said orders were entered at the same term of court.

The short facts are substantially as follows: Action was brought by Sehmick against the insurance company on a policy of hail insurance in the circuit court of the Eleventh judicial circuit of South Dakota; and thereafter was duly removed to the federal court. An answer was interposed setting up several defenses, but asking no…