Reports of Cases Argued and Determined in the Ohio Circuit Courts V.1-35 Ohio Circuit Decisions Volume 24

Reports of Cases Argued and Determined in the Ohio Circuit Courts V.1-35 Ohio Circuit Decisions Volume 24

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: ...until amended or repealed." Without this constitutional amendment there could be 11 doubt as to the proper interpretation of this statute. HOW C"-_n it be said that this amendment amends the statute or gives It any ditferent interpretation than it had before'! As we have said, we think this statute is not inconsistent with the 8-mend' ment and remains in full force and should receive the same in' terpretation as it had before the amendment was adopted A Peremptory writ of mandamus will be awarded as prayed f1" Metcalfe and Pollock, J.I., concur. Insurance Co. v. Shively. ESTOPPEL--lNSURANCE--PLEADlN(i. Rlchland (5th) Court of Appeals, January 23, 1913. Voorhees, Shields and Powell, JJ. PRUDENTIAL INS. Co. v. Fnonsncn SHIVELY. 1. Failure of Life Insurance Company to Plead Conditions of Policy as Special Defense Entities Plaintiff to Judgment on Pleadlngs, not Required to Prove Waiver Avcrred. In an action on a policy of life insurance, failure of the company to plead any of the "conditions of the policy as a special defense, renders it doubtful whether the plaintiff would be required to offer any proof in support of an averment of waiver, but would rather be entitled to a judgment on the pleadings. 2. Failure to Charge Specially in Absence of Request therefor In Record Shown not Erroneoua. An assignment of error based upon failure of the court to charge specifically upon any branch of the case, or upon any issue made by the pleadings, can not be considered where the record fails to disclose that any request was made of the court to so charge. 3. Malling Policy to Agent for Delivery to Insured and Acceptance of Premium Constitute Delivery. A court is within the law in charging the jury that the act of...show more

Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236783778
  • 9781236783776