Eminent Household of Columbian Woodmen v. Howle
Supreme Court of Arkansas
Appeal from White Circuit Court; Eugene Lank-ford, Judge; The testimony offered by the appellant to show that the deceased, Howie, was killed by the town marshal of the town of Searcy, who was acting in necessary self-defense against the deadly assault of Howie, was unquestionably competent under the issues formed by the pleadings.
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Appeal from White Circuit Court; Eugene Lank-ford, Judge; The testimony offered by the appellant to show that the deceased, Howie, was killed by the town marshal of the town of Searcy, who was acting in necessary self-defense against the deadly assault of Howie, was unquestionably competent under the issues formed by the pleadings. The constitution and by-laws of a fraternal order form a part of the contract of insurance, and will be held as. binding where not inconsistent with the terms of the certificate. 52 Ark. 202; 55 Ark. 210; 80 Ark. 419; 81 Ark. 512; 98 Ark. 423. The judgment should…
1Opinion of the CourtMcCulloch, C. J.
John W. Howie, a citizen of the town of Searcy, White County, Arkansas, was a member in good standing of the Eminent Household of Columbian Woodmen, a fraternal insurance society, and held a policy or benefit certificate therein, payable to his wife, Laura O. Howie, who is the plaintiff in this action. He was killed in an encounter with the marshal of the town of Searcy, and this is an action to recover the amount of the benefit, which the officers of defendant society refused to pay, denying liability on tbe part of tbe society on the alleged ground that bis death occurred while be was…
2Cases cited2 opinions
- Supreme Lodge Knights & Ladies of Honor v. JohnsonSupreme Court of Arkansas · 1907
- Supreme Royal Circle of Friends of the World v. MorrisonSupreme Court of Arkansas · 1912
3Cited by2 opinions
- Howle v. Eminent Household of Columbian WoodmenSupreme Court of Arkansas · 1915
- Eminent Household of Columbian Woodmen v. HowleSupreme Court of Arkansas · 1916