The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-07-14
OF Mountrail county. North. Dakota.
attorney for respondent. VA,
From n1rIIcnry Cn.nty

From .lcIIcnry Comfy
Antonia Pipan, plnin.iff and appel.
| liant, vs. Aetna Insurance company. a
corporation, defendant and respond
ent.
Syllabus:
ca In an action to rcco~er insur
ancc, where n policy had been issued
upon property described as belonging
to plaintiffs husband, in whose name
the policy was issued, and whore the
complaint alleged that the police.
through mistake. had been SO. Is
sued and asked th;t the SANE be re
formed 1T reformation is Necessarily
the complaint is construed and held
20 state cause of action upon
written policy Of insurance AMI not
r"on IN ora, rnnt-act ~ IL ,urc O..
an oral contract Of insurance. 8
-, inuusn tn..e ue 40 sti..~ SIS .ty
for maintaining scparat, SUIT Iii
equity for the reformation OF q
puiicy or insurance pet0re bringing
an action to recover the insuranccf
nevertheless, where the pleading pre-
scnts issues Of fact upon which pre-
liminary specific. equitable relief de-
ponds, it is proper practice tor the
| court to first determine such equit-
able issues, and, where sucn 0e Or
| mination, being adverse to the plain
tiff, is conclusive against the cause
/ Of action, the cause may properly be
| dismissed.
I go The evidence is examined and
held not to warrant ovcrturning the
findings Of the trial court concerning
the issue Of mutual mistake.
Appeal from the district court of
MciIenry county, Hon. &. w. Buttz,
Judge.
Affirmed.
Opinion Of the court by Dirdzell,
chief justice.
Burr. judge. did not participate;
Hon. Charles f. Wolfe, Judge of the
third judicial district, sittin. in his
stead.
S. P. Riglcr, Hebron, N. D., and
Jacobsen 4 Murray, Mott. N. D., ut.
torneys for appellant.
Lawrence, Murphy & Miles, Fargo
n. d., attorneys for respondent.
From Mcintosh County
State Of North Dakota, plaintiff
and respondent, VS.. Jacob Jangula
Jr., defendant and appellant.
Syllabus:
i. In 4 proceeding to determine
the paternity Of u child it is within
the discretion Of the trial court t,
determine whether the child shall b,
> excluded from the court room during
the trial. = ~,
2. Whether leading questions IN q,
be propounded to witness is within
the discretion Of the trial court, ant
= unless there is manifest abuse o.
such discretion his rulings thereon
shall not be disturbed.
). Following the case Of State vs.
, Sukut,. :. N. d. , 2l3 N. w. 961
there was no error in bringing thi:
action in the name of the state.
!. Rulings of the court. on ,thg
evidence and the states attorneys
address to the jury, examined. ana
no prcjudicial error shown.
.. The statement as to the nature
Of the case made by the court in his
charge to the jury examined, anc
held not to be prejudicial error---cast
Of State VS.. Sibla, 46 N. d. 1877, II!
NJ w. G56 distinguished. !,
; Appeal from the district court ol
Mcintosh county, Hon. George ! M
McKenna, judge.
Affirmed
Opinion of the court by Burr
, judge.
$ Curtis & Remington, Lisbon, N. D.
and ]. A. Mackoff, Ashley, N. d., at
, torncys for defendant and appellant
! Franz f. Shubeck, Ashley, NJ ID.
and A. Az Ludwigs, Ashley. N. D., at
) torneys for plaintiff and respondent
From Emmons County
. In the matter of the estate OF
Conrad Volk, deceased. John Bisch-
Of, petitioner ann respUr.en..
. Eva Fischer, ct al, respondents, and
Anton Volk, ct al, appellants.
Syllabus:
The evidence is examined and held
! to support the findings of the trial