Eminent Household of Columbian Woodmen v. Payne

This is an action commenced by the appellee against the appellant, to recover the amount of a benefit certificate issued by the appellant upon the life of the appellee’s son, who died on February 9, 1917, she being named as beneficiary therein.

The first 21 assignments of error relate to the ruling of the trial court on the demurrer to appellant’s plea in abatement. The appellant sought to abate the action on the ground-that the constitution and by-laws of the appellant prohibited the member of the order, or any beneficiary, from instituting legal proceedings of any kind until the matter in…