105 Iowa 87 | Iowa | 1898
II. Defendant, in its answer, sets up, in one paragraph, that Seiler, while in a sound mental condition, took his own life. This was demurred to by plaintiffs; and the demurrer sustained, to which defendant excepted. No question is made as to the propriety of thus attacking by demurrer a paragraph in a pleading. It was alleged by defendant in another paragraph of its answer that Seiler, with the intent to defraud defendant company, procured it to issue said policies; he at the time intending to take his own life, as in fact he shortly thereafter did. This matter was also assailed by a demurrer, which was overruled. Evidence was introduced upon this branch of the case, and this single issue of fact was submitted to the jury.
IY. Taking up the questions in the order of stating them, we shall devote no time to the first, for it will be disposed of by what we have to say under the next head.
VII. Error is assigned on the refusal of the trial court to give instructions asked by defendant. Fifteen
IX. What has just been said disposes of defendant’s contention that it was entitled to open and close. If error was committed by the trial judge in this matter, — which we by no means hold, — it was wholly without prejudice. The judgment below- will be affirmed.