Mosaic Templars of America v. Smith
Court of Appeals of Texas
Error from Harrison County Court; W. H. Strength, Judge. Suit by Alice Smith- against the Mosaic Templars of America; Judgment for plaintiff, and defendant brings error. The cause is brought to this court on writ of error for review upon the ground that the judgment is void becase no valid and legal summons or citation was issued and served upon the defendant before its rendition in the trial court.
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Error from Harrison County Court; W. H. Strength, Judge. Suit by Alice Smith- against the Mosaic Templars of America; Judgment for plaintiff, and defendant brings error. The cause is brought to this court on writ of error for review upon the ground that the judgment is void becase no valid and legal summons or citation was issued and served upon the defendant before its rendition in the trial court. Alice Smith, defendant in error, filed a suit in the county court of Harrison county, the petition alleging that she was the wife of King Smith, deceased, and that King Smith at the time of his…
1Opinion of the CourtLevy, J.
(after stating the facts as above). Article 4Sá4, R. S., in question here, prescribes the method and manner of service of process upon fraternal bgneficiary societies, as a condition precedent to the right of that particular class of life insurance associations to transact business in the state of Texas. The first paragraph provides that every fraternal beneficiary society, “whether domestic or foreign,” “before being licens-. ed” to do business in this state, shall execute a written power of attorney to the state Commissioner of Insurance and Banking at Austin, Tex., specially authorizing…
2Cases cited5 opinions
- Hill v. BaylorTexas Supreme Court · 1859
- Irion v. Bexar CountyCourt of Appeals of Texas · 1901
- Jackson v. HarbyTexas Supreme Court · 1888
- Haytian Tabernacle No. 604, International Order of Twelve, Knights & Daughters of Tabor v. McKinneyCourt of Appeals of Texas · 1920
- O'Leary v. DurantTexas Supreme Court · 1888
3Cited by4 opinions
- Morris v. DrescherCourt of Appeals of Texas · 1938
- Continental Casualty Co. v. CoxCourt of Appeals of Texas · 1925
- Morris v. DrescherCourt of Appeals of Texas · 1938
- Sandel v. DaileyCourt of Appeals of Texas · 1940