Supreme Lodge of Knights of Pythias v. Withers
Court of Appeals for the Fifth Circuit
In Error to tbe Circuit Court of 'the United States for tbe Middle District of Alabama. This was an action at law by Josephine Withers against the Supreme Lodge of Knights of Pythias to enforce collection of a policy of insurance on the life of her husband, B. W. Withers. In the cir- ■ cuit court the case was submitted on an agreed statement of facts, and judgment was entered for plaintiff, to review which this writ of error was sued out by defendant.
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In Error to tbe Circuit Court of 'the United States for tbe Middle District of Alabama. This was an action at law by Josephine Withers against the Supreme Lodge of Knights of Pythias to enforce collection of a policy of insurance on the life of her husband, B. W. Withers. In the cir- ■ cuit court the case was submitted on an agreed statement of facts, and judgment was entered for plaintiff, to review which this writ of error was sued out by defendant. The court below (Bruce, District rendered the following opinion, from which the pertinent facts snfiidentl.v appear: “This cause is submitted…
1Per curiam
By agreement this case was practically tried in the court below by the judge upon an agreed state of facts. The .judge rendered an elaborate opinion on the law of the case as applicable to the facts. The assignments of error are (1) that the court erred in insiruciing tlie jury to ünd a verdict for the plaintiff, with interest from tlie 5th day of November, 1895; (2) the court erred in refusing to instruct the jury, at the instance of the defendant, as follows: “If they believed the evidence, they must find for the defendant.” These assignments of error amount to no more than the complaint…
2Cases cited5 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Knights of Pythias of the World v. BridgesCourt of Appeals of Texas · 1897
- Buell v. ChapinMassachusetts Supreme Judicial Court · 1868
- Campbell v. Supreme Lodge Knights of PythiasMassachusetts Supreme Judicial Court · 1897
- Whiteside v. Supreme Conclave Improved Order of HeptasophsU.S. Circuit Court for the District of Eastern Tennessee · 1897
3Cited by4 opinions
- Chicago, M. & St. P. Ry. Co. v. BennettCourt of Appeals for the Eighth Circuit · 1910
- Supreme Tent v. VolkertIndiana Court of Appeals · 1900
- Bragaw v. Supreme Lodge Knights & Ladies of HonorSupreme Court of North Carolina · 1901
- Jefferson Standard Life Ins. Co. v. StevensonCourt of Appeals for the Fifth Circuit · 1934