106 Iowa 682 | Iowa | 1898
Plaintiffs sued as beneficiaries named in two policies of insurance issued by defendant company upon the life of one Hugh W. Devier, deceased. They alleged that the policies were in the possession of defendant. Thereafter, on June 5, 1897, the defendant filed a motion to compel plaintiffs to set out the terms of the contract. On August 5 following, plaintiffs filed a petition praying for an inspection of the books and papers of defendant company. Pending the hearing of this application the court sustained defendant’s motion, and ordered plaintiffs to set out the particulars of the contracts. September 22 plaintiffs amended their petition, but not iii the respects asked. With the record in this condition, on September 25 the court overruled defendant’s exception to the application for the inspection of books and papers, and ordered the production of such documents; and from this order the defendant appeals. No appeal lies from such an order. Cook v. Railroad Co., 75 Iowa, 169.
After defendant’s appeal, and on October 4, 1897, plaintiffs filed a motion for judgment on the ground of the noncompliance of defendant with the order of the court which