Parker v. STATE CAPITAL LIFE INSURANCE COMPANY

The essential facts are not in dispute. The plaintiff contends the court’s finding No. 6, unexcepted to, is conclusive, and esi tablishes his right to recover under the policy. However, the defendant, at the conclusion of the plaintiff’s evidence and again at the conclusion of all the evidence, moved for judgment of nonsuit. Exceptions to the refusal to nonsuit were taken and are assigned as error. Consequently, the question whether No. 6 is a finding of fact, a conclusion of law, or a combination of both, is immaterial. The sufficiency of all the evidence to support the judgment is…