Legal Opinion

Supreme Lodge Knights & Ladies of Honor v. Baker

Supreme Court of Alabama

Decided December 16, 1909PublishedCited by 5 opinions

Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action on an insurance policy by Mims R. Baker against the Supreme Lodge Knights and Ladies of Hon- or. Judgment for plaintiff, and defendant appeals. There was the following entry in response to the summons: “I enter this my appearance for the defendant, and reserve the right to plead specially to the complaint filed against it in this cause. B. B. Boone, Attorney for Defendant.”

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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action on an insurance policy by Mims R. Baker against the Supreme Lodge Knights and Ladies of Hon- or. Judgment for plaintiff, and defendant appeals. There was the following entry in response to the summons: “I enter this my appearance for the defendant, and reserve the right to plead specially to the complaint filed against it in this cause. B. B. Boone, Attorney for Defendant.” The following special pleas appear: (1) “And for further special plea in this behalf defendant avers that said policy of insurance or relief fund…

1Opinion of the CourtEvans, J.

This was an action in code form on a relief fund certificate or. life insurance policy, issued in favor of appellee’s intestate on the life of Alexander Price Baker, on September 14, 1905, by appellant, i secret benevolent society, a corporation. Upon the trial of the case issue was joined upon five special amended pleas of confession and avoidance filed by defendant.

*525There are 27 assignments of error by appellant. The assignments from 1 to 20, both inclusive, are upon the ruling of the court upon the testimony. The twenty-second assignment of error is to the court’s giving a certain written…

2Cases cited1 opinion

  1. Clemens v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1902

3Cited by5 opinions

  1. Pugh v. StateAlabama Court of Appeals · 1964
  2. Farmers Automobile Inter-Insurance Exchange v. CalkinsCalifornia Court of Appeal · 1940
  3. Sovereign Camp, W. O. W. v. CraftSupreme Court of Alabama · 1922
  4. Sovereign Camp, W. O. W. v. CraftSupreme Court of Alabama · 1924
  5. B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912

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