29 Ind. App. 198 | Ind. Ct. App. | 1902
«-Suit commenced before a justice of the peace on a policy of insurance. The complaint was not bad against a demurrer for failing to' make a copy of the application, made by appellee for insurance, an exhibit. It is well settled that in such a case the application, or a copy, though made a part of the policy by its terms, need not be filed with the complaint. Pennsylvania, etc., Ins. Co. v. Wiler, 100 Ind. 92, 50 Am. Rep. 769; Continental Life Ins. Co. v. Kessler, 84 Ind. 310; Phenix Ins. Co. v. Stark, 120 Ind. 444; Indiana, etc., Ins. Co. v. Byrkett, 9 Ind. App. 443.
Moreover, under the very liberal rules of pleading in justices’ courts, we think the complaint sufficient to apprise appellant of the nature of the claim, and that a recovery
The evidence is conflicting, but, as there is some evidence to sustain the trial court’s conclusion, we can not weigh the evidence to determine whether such conclusion has a preponderance in its support.
Judgment affirmed.
