Western Fire Insurance Co. v. Peeples

■ Townsend, Judge.

The maifi-'issue in this case, as raised by the only special demurrer insisted upon and also by the general grounds of the motion for new trial and the motion for a-judgment notwithstanding the verdict is whether the plaintiff is barred from prosecuting his action because it was not commenced within 12 months of the loss. It is undisputed that the house burned down on May 24,- 1955; this action was not filed until August 29, 1957. The policy contains a provision as follows: “No suit or action on this policy for the recovery of any claim shall be sustainable in any court of…