National Union v. Sherry
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Action by Janie Sherry against the National Hnion upon a benefit, certificate issued on the life of J. Sherry. Judgment- for plaintiff and defendant appeals.
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Appeal from Barbour Circuit Court. Heard before Hon. M. Sollie. Action by Janie Sherry against the National Hnion upon a benefit, certificate issued on the life of J. Sherry. Judgment- for plaintiff and defendant appeals. The various pleas to which demurrers were sustained sufficiently presented the defenses of breach of warranty and misrepresentation, and the court erred in sustaining said demurrer. —Hunt v. Preferred Accident Co., 172 Ala. 444. Even if the sections of the Code relating to general insurance were applicable to Fraternal societies, this did not prevent appellant from setting…
1Opinion of the CourtMayfield, J.
This submission is on motion to dismiss the appeal and on the merits. The appeal was taken June 3, 1912, and was therefore returnable to the first Monday of the term of this court next after the expiration of 20 days from the date of the appeal. —Code, § 2870. While the day fixed by statute for the return of the appeal was in June, 1912, and it was not returned and no transcript was filed until December 10, 1912, it does not follow that the appeal should be dismissed on account of this apparent delay in filing the transcript or in docketing the cause on certificate of appeal. When the reason…
2Cases cited13 opinions
- Calder v. BullSupreme Court of the United States · 1798
- McCracken v. HaywardSupreme Court of the United States · 1844
- Lindsay v. United States Savings & Loan Ass'nSupreme Court of Alabama · 1897
- Empire Life Insurance v. GeeSupreme Court of Alabama · 1911
- Alabama Gold Life Insurance v. JohnstonSupreme Court of Alabama · 1886
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3Cited by25 opinions
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- Brotherhood of Locomotive Firemen & Engineers v. MilnerSupreme Court of Alabama · 1915
- Royal Neighbors of America v. FortenberrySupreme Court of Alabama · 1926
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