Legal Opinion

Beckner v. Beckner

Supreme Court of Georgia

Decided April 13, 1898PublishedCited by 9 opinions

Equitable petition. Before Judge Fite. Whitfield superior court. April term, 1897. The petition of Telitha A. Beckner against John Beckner, the Supreme Commandery United Order of the Golden Cross, Georgia Commandery, et al., was demurred to by John Beckner. The demurrer was sustained, and plaintiff excepted.

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Equitable petition. Before Judge Fite. Whitfield superior court. April term, 1897. The petition of Telitha A. Beckner against John Beckner, the Supreme Commandery United Order of the Golden Cross, Georgia Commandery, et al., was demurred to by John Beckner. The demurrer was sustained, and plaintiff excepted. The petition alleged, in brief: W. H. Beckner, petitioner’s husband, now deceased, made an application in due form to become a member of the Supreme Commandery United Order of the Golden Cross, an incorporated mutual benefit society with insurance feature attached, and in his application…

1Opinion of the CourtSimmons, C. J.

1. The plaintiff filed an equitable petition as set out in the official report and condensed in the second headnote. The subordinate lodge of the company answered the petition; the defendant Beckner, the illegitimate son of the insured, demurred to the petition, and also filed his answer. His demurrer contained five grounds. One of these was that there was no equity in the petition, another was merely an enlargement of the same ground, and the three others were speaking demurrers. These last introduced new facts and averments which were necessary to support the demurrer and which did not…

2Cases cited2 opinions

  1. Stewart v. MastersonSupreme Court of the United States · 1889
  2. Brooks v. GibbonsNew York Court of Chancery · 1834

3Cited by9 opinions

  1. Royal Arcanum v. RileySupreme Court of Georgia · 1915
  2. Woods v. Colony BankSupreme Court of Georgia · 1902
  3. Southern Express Co. v. BriggsCourt of Appeals of Georgia · 1907
  4. Clark v. StateSupreme Court of Georgia · 1964
  5. Teasley v. JonesSupreme Court of Georgia · 1959

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