Broderick

The appeal in this case was taken in the first instance to the district court of appeal, first district, division one. Inasmuch as it was a case in equity, that court, not being vested with appellate jurisdiction in such cases, ordered it transferred to this court for hearing and decision. On the same day an order was made by this court, under the provisions of section 4, article YI, of the constitution, and section 52a, subdivision 4, of the Code of Civil Procedure, transferring said cause to the district court of appeal for hearing and decision. It is now here for decision after an order made granting a petition for hearing. Two points were earnestly urged by petitioner which seemed to us to require the consideration of this court. The first was whether the plaintiff was entitled to have certain issues framed by the pleadings submitted to a jury, as a matter of right, and the second point was whether the appellant had established such a vested right in the policy of insurance, which forms the basis of the action, as to have taken away the right of the husband to change the original beneficiary named in said policy of insurance. Upon further examination into those questions,…