Johnson v. Independence Ins. Co.

The opinion of the Court was delivered by

Mr. Justice Bonham.

We agree with Judge Whaley that the facts set out in plaintiff’s complaint do not bring the case under the provisions of Section 7993, Volume 3, Code 1932, and that plaintiff is therefore not entitled to recover the penalty provided by Section 7968.

The order sustaining the demurrer, from which plaintiff brings this appeal, is affirmed. Let it be reported.

Mr. Chiee Justice Brease and Messrs. Justices Stab-EER and Carter concur.