Independent Order of Sons & Daughters of Jacob of America v. Moncrief
Mississippi Supreme Court
From tbe chancery court of Newton county. HoN. Samuel Whitman, Jr., Chancellor. Moncrief, appellee, was complainant in the court below; the Independent Order, etc., appellant, was defendant there. From .a decree overruling defendant’s demurrer to the bill of complaint, it appealed to the supreme court.
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From tbe chancery court of Newton county. HoN. Samuel Whitman, Jr., Chancellor. Moncrief, appellee, was complainant in the court below; the Independent Order, etc., appellant, was defendant there. From .a decree overruling defendant’s demurrer to the bill of complaint, it appealed to the supreme court. (The bill charged that one Adaline Moncrief, complainant’s wife, held a death benefit certificate in the appellant order, in which complainant was the beneficiary, of date January 26, 1904; that she had paid all dues on same up to July, 1901; that Ids said wife became sick with tuberculosis in…
1Opinion of the Court
Mates, J.,
delivered tbe opinion of tbe court.
Tbe bill in this case wholly fails to state, any cause of action, and tbe demurrer should have been sustained. Tbe constitution *423and by-laws of tbe order constitute a part of tbe bill, of complaint by express allegations of tbe bill. Thus it is alleged tbat tbe liabiity of tbe order became fixed by sections 1, 2, 3, 4, and 5 of article 4 of tbe by-laws, and various other references are made to tbe constitution and by-laws in tbe complaint. It is expressly requested, as a part of tbe bill, by reason of tbe fact tbat tbe complainant bas been unable to…
2Cited by3 opinions
- Chambers v. DavisMississippi Supreme Court · 1922
- Independant Order of Sons & Daughters of Jacob of America v. EnochMississippi Supreme Court · 1914
- Columbian Mut. Life Ins. Co. v. EavesMississippi Supreme Court · 1939