Action in the Sibley County District Court brought by Theodore J. Simon and James J. Simon against Milwaukee Automobile Mutual Insurance Company. Certain actions had been brought against plaintiffs in connection with an automobile accident. Said companys policy of insurance covered an automobile owned by Theodore, but at the time of the accident Theodore was driving an automobile owned by James. Parties to the original actions and the other insurance company involved were joined as defendants. After findings, Harold E. Flynn, Judge, that plaintiffs could recover from Milwaukee Automobile Mutual Insurance Company the excess of their liability over other insurance coverage, said defendant appealed from an order denying its motion for a new trial and from the judgment entered.
