State Ex Rel. Clark v. Becker

* NOTE: Opinion filed at September Term, 1933, April 19, 1934; motion for rehearing filed; motion overruled June 12, 1934; motion to transfer to Court en Banc filed; motion overruled at May Term, July 17, 1934. This case is certiorari to quash the opinion of the St. Louis Court of Appeals in the case of Dorothy Clark v. John Hancock Mutual Life Ins. Company, a corporation, 58 S.W.2d 484. The case involves the construction of Section 5744, Revised Statutes 1929. There was no controversy about the material facts, which are stated in said opinion, as follows:

"It is conceded that defendant…