Mutual Life Insurance v. Hillmon
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF' THE UNITED STATES FOR THE DISTRICT OF KANSAS. On July 13, 1880, Sallie E. Hillmon, a citizen of Kansas, brought an action against the Mutual Life Insurance Company, a corporation of New York, on a policy of insurance, dated December 10,1878, on the life of her husband, John W. Hillmon, in the sum of $10,000, payable to her within sixty days.after notice and proof of his death.
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ERROR TO THE CIRCUIT COURT OF' THE UNITED STATES FOR THE DISTRICT OF KANSAS. On July 13, 1880, Sallie E. Hillmon, a citizen of Kansas, brought an action against the Mutual Life Insurance Company, a corporation of New York, on a policy of insurance, dated December 10,1878, on the life of her husband, John W. Hillmon, in the sum of $10,000, payable to her within sixty days.after notice and proof of his death. On the same day the plaintiff brought two other actions, the one against the New York Life Insurance Company, a corporation • of New York, on two similar policies of life insurance, dated…
1Opinion of the CourtJustice Gray
The order of the Circuit Court that the three actions be consolidated for trial, because they appeared to the court to be of like nature and relative to the same question, because it would avoid unnecessary cost and delay, and because it was reasonable to do so, was within the discretionary power of the court, under section'921 of the Revised Statutes, which provides, in substantial accordance with the act of July 22,1813, c. 14, § 3, (3,Stat. 21,) that “when causes of a like nature or relative to the same question are pending before a co^rt of. the United States, or of any Territory, the…
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