Legal Opinion

Eminent Household of Columbian Woodmen v. Howle

Supreme Court of Arkansas

Decided June 5, 1916PublishedCited by 3 opinions

Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The court erred in its charge to the jury and in • refusing defendants prayers No. 1 and 8. 120 Ark. 530; 98 Ark. 135; 98 Id. 232;'109 Id. 402; 54 Id. 588; 51 Id. 244. T. Howie was insane. 103 Ark. 196; 76 Id. 286; 118 Ark. 226. 2. There is no error in the court’s instructions. 89 Ark. 230; 81 Id. 205; 71 Id. '299; 104 Id. 417; 79 Id. 172; 78 Id. 574; 89 Id. 24; 105 Id. 213; 101 Id. 353; lb. 469; 76 N. Y. 426; 11 N.…

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Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The court erred in its charge to the jury and in • refusing defendants prayers No. 1 and 8. 120 Ark. 530; 98 Ark. 135; 98 Id. 232;'109 Id. 402; 54 Id. 588; 51 Id. 244. T. Howie was insane. 103 Ark. 196; 76 Id. 286; 118 Ark. 226. 2. There is no error in the court’s instructions. 89 Ark. 230; 81 Id. 205; 71 Id. '299; 104 Id. 417; 79 Id. 172; 78 Id. 574; 89 Id. 24; 105 Id. 213; 101 Id. 353; lb. 469; 76 N. Y. 426; 11 N. E. 620; 91 Id. 230; 43 Ind. App. 126; 6 L. R. A. 731; 42 Id. 247; 97 Iowa, '226; 136 U. S. 276; 170 111. App. 79; 57 Mo.…

1Opinion of the CourtWood, J.

This is the third appeal in this case. (Eminent Household of Columbian Woodmen v. Howle, 109 Ark. 400; Id. 118 Ark. 226). The facts are stated in the first opinion.

John W. Howie was shot and killed while a member of appellant fraternal insurance company. This isuit was brought by the appellee, his wife, as beneficiary in a policy for the sum of $1,000. Howie was killed by a marshal of the town of Searcy. Howie made an attack upon the marshal by shooting at him twice.

First: The first question to be determined on this appeal is whether or not the appellant can contest the policy under the…

2Cases cited6 opinions

  1. Bell v. StateSupreme Court of Arkansas · 1915
  2. Casat v. StateSupreme Court of Arkansas · 1883
  3. Morgan Engineering Co. v. Cache River Drainage DistrictSupreme Court of Arkansas · 1916
  4. Williams v. FulkesSupreme Court of Arkansas · 1912
  5. Howle v. Eminent Household of Columbian WoodmenSupreme Court of Arkansas · 1915

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3Cited by3 opinions

  1. Griffin v. Union Trust Co.Supreme Court of Arkansas · 1924
  2. Eminent Household of Columbian Woodmen v. HowleSupreme Court of Arkansas · 1918
  3. Ensign & Co. v. CoffeltSupreme Court of Arkansas · 1917

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