Legal Opinion

Wilser v. Wilser

Supreme Court of Minnesota

Decided January 28, 1916No. Nos. 19,519—(182)PublishedCited by 14 opinions

Action in the district court for Hennepin county. Defendant obtained an order requiring Nellie A. Wilser to show cause why she should not be made party defendant in the action and interplead therein and why she should not be restrained from further prosecution of an action brought by her against defendant in the district court for Cass county, North Dakota.

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Action in the district court for Hennepin county. Defendant obtained an order requiring Nellie A. Wilser to show cause why she should not be made party defendant in the action and interplead therein and why she should not be restrained from further prosecution of an action brought by her against defendant in the district court for Cass county, North Dakota. The application was heard before Eish, J., who authorized defendant to pay the sum of $3,000, the amount in controversy, into court to be held subject to the further order of the court; ordered that defendant Wilser, one of the claimants…

1Opinion of the CourtBrown, C. J.

The facts in the case are as follows:

Defendant, Modern Woodmen of America, is a fraternal insurance association organized under the laws of the-state of Illinois. In Novem*168her, 1900, Joseph M. S. Wilser, then a resident of the state of North Dakota, became a member of the association, and there was issued to him a benefit certificate payable to Hannah Wilser, his mother. Thereafter, in February, 1905, Wilser duly made an application for a change in the beneficiary, and the application was granted by the association. A new certificate was accordingly issued payable to Charles B. Wilser and John…

2Cases cited3 opinions

  1. Cole v. CunninghamSupreme Court of the United States · 1890
  2. Supreme Commandery of the United Order of the Golden Cross v. MerrickMassachusetts Supreme Judicial Court · 1895
  3. Emerick v. New York Life InsuranceCourt of Appeals of Maryland · 1878

3Cited by14 opinions

  1. State ex rel. Bossung v. District Court of Hennepin CountySupreme Court of Minnesota · 1918
  2. Lowe v. Norfolk & Western Railway Co.Appellate Court of Illinois · 1981
  3. Seeling, Jr. v. Deposit Bank Trust Co.Supreme Court of Minnesota · 1928
  4. Union Pacific Railroad v. RuleSupreme Court of Minnesota · 1923
  5. Davis v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1916

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