Sovereign Camp Woodmen of the World v. Wilson
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; J. T. Goston, Special Judge; 1. The service attempted to be had was void and of no effect. The judgment was absolutely void. Acts 1917, Act 462, § 17; Kirby’s Digest, § 4424; 39 Ark. 347; 68 Id. 566; 63 Id. 323; 89 Id. 164; 127 Id. 306. 2. Defendant had no knowledge of the suit and no chance to make defense until after judgment by default. But defendant had a meritorious defense.
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Appeal from Craighead Circuit Court, Jonesboro District; J. T. Goston, Special Judge; 1. The service attempted to be had was void and of no effect. The judgment was absolutely void. Acts 1917, Act 462, § 17; Kirby’s Digest, § 4424; 39 Ark. 347; 68 Id. 566; 63 Id. 323; 89 Id. 164; 127 Id. 306. 2. Defendant had no knowledge of the suit and no chance to make defense until after judgment by default. But defendant had a meritorious defense. The deceased •had forfeited his policy by violating the terms of the policy and by-laws. There was no waiver. 80 Ark. 419; 104 Id. 538; 111 Id. 443; 125 Id,…
1Opinion of the Court
McCulloch:/C. J.
Appellant is a fraternal society incorporated under the laws of another State, and Purd Tatham was a member of appellant’s local organization or society at Jonesboro at the time of his death, being the holder of a benefit certificate in the sum of $2,000, payable to his wife and child.
Appellant refused payment on the ground that the policy had been forfeited, and an action was commenced by the beneficiaries against appellant in the circuit court of Craighead County on July 9, 1917, and summons was served on the clerk of' the local organization at Jonesboro. Mr. Nichols, the…
2Cases cited4 opinions
- State v. HillSupreme Court of Arkansas · 1887
- Boyd v. RoaneSupreme Court of Arkansas · 1887
- Quigley v. HammondSupreme Court of Arkansas · 1912
- Knights of Maccabees of the World v. GordonSupreme Court of Arkansas · 1907
3Cited by7 opinions
- Davis v. SchimmelSupreme Court of Arkansas · 1972
- Fayetteville v. BakerSupreme Court of Arkansas · 1928
- Winfrey v. People's Savings BankSupreme Court of Arkansas · 1928
- United Order of Good Samaritans v. BrooksSupreme Court of Arkansas · 1925
- United States v. IngramDistrict Court, E.D. Arkansas · 1951
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