Hanney Et Al. v. Franklin Fire Ins. Co‪.‬

Appellants sued in the district court to recover for a loss upon a policy of insurance issued by appellee. Their amended complaint contained two counts the first of which attempted to state a claim on the policy as written. The second sought reformation. The court granted appellees motion to dismiss the first count on the ground of its failure to state a claim upon which relief can be granted. A judgment of dismissal directed to this count was then entered, and the appeal is from this judgment. Following the entry of the judgment and prior to appealing from it appellants voluntarily moved for and obtained the dismissal of their second count, with prejudice.