Atkinson, J.,

who dissents on the ground that the evidence demanded the verdict in favor of the transferee of the insurance policy in the contest over the fund between the administrator upon the estate of the insured and the transferee, and that the judge erred in granting a new trial.

1. The judgment of the court overruling the demurrer was not erroneous.

2. According to the uniform ruling of this court, where the verdict is not demanded by the law and the evidence, the judgment of the trial court awarding a first new trial wjll not be distui’bed.

Judgment affirmed.