Caudill v. Wallen

CLAY, Commissioner.

This suit was brought by appellant to collect $500 from a burial fund after the death of his mother whom he claimed as a dependant. Appellees by answer pleaded as a defense that at the time appellant joined the burial fund he falsely and fraudulently misrepresented that his mother was in good health. There were other allegations in the answer setting up other defenses. Appellant failed to reply to this, answer and the allegations therein were not controverted. ■

After a trial the jury returned a verdict for appellant. Thereupon appellees moved for a judgment notwithstanding…