Alexander v. Woodmen of World
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Maj’ Alexander against the Woodmen of the World upon a benefit insurance certificate. Judgment for defendant and plaintiff appeals. Where issue is joined on an immaterial plea and the plea is proven, the party is entitled to a verdict. — Liverpool Go. v. Tillis, 110 Ala.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Maj’ Alexander against the Woodmen of the World upon a benefit insurance certificate. Judgment for defendant and plaintiff appeals. Where issue is joined on an immaterial plea and the plea is proven, the party is entitled to a verdict. — Liverpool Go. v. Tillis, 110 Ala. Glass v. Meyer, 124 Ala. 332. Where issue is joined upon the replication proof of the plea is eliminated, so so far as that issue is concerned, and proof of the replication is required. — Bank v. Malsey, 109 Ala. 196; Britt v. Pitts, 111 Ala. 406.…
1Opinion of the CourtMayfield, J.
The complaint in this case consisted of one count, which was an action and claim under a life insurance policy or certificate issued by the appellee corporation upon the life of Leroy P. Blackburn for the benefit of the plaintiff. The complaint is in the form prescribed by the Code (form 12, vol. 2, p. 1196, Code 1907). To this complaint the defendant corporation filed five pleas: First, the general issue; second a special plea setting up a condition of the policy or certificate that, if the insured died within the first year of the insurance, only one-ha.lf of the amount of the insurance, to…
2Cited by12 opinions
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- Independent Life Ins. Co. v. VannAlabama Court of Appeals · 1930
- Western Union Telegraph Co. v. BarbourSupreme Court of Alabama · 1921
- Great Atlantic & Pacific Tea Co. v. CrabtreeSupreme Court of Alabama · 1935
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