Lipp

Appellant, the Mutual Life Insurance Company of New York, issued two policies of insurance on the life of one John A. Lipp, husband of the appellee, Bertha E. Lipp. After duly submitting proofs of the death of the insured, appellee brought separate suits on the policies, one in a state eourt of Oregon and the other in the United States District Court in that0 state. Substantially the only issue in both eases was of the death of the insured. Trial was first had of the ease in the state eourt, resulting in a judgment for appellee, from which the insurance company took an appeal to the state Supreme Court. Subsequently, upon the trial in the federal court, this judgment was offered as evidence of the death of the insured, and the eourt having accepted it as conclusive of that issue, gave plaintiff judgment, from which the insurance company took an appeal to this eourt. This appeal was allowed and citation issued on March 19, 1928. While it was pending the Supreme Court of Oregon, on May 22, 1928 ( 267 P. 519 ), reversed the first judgment for errors in the reception of evidence and ordered a new trial. Upon the going down of the_mandate the insurance company,’ in a petition filed…