Grand Lodge, Knights of Pythias v. Hannington

SAMFORD, Judge.

The cause was tried by the court without a jury. On appeal in such cases this court will not z-everse the judgment of the trial judge, unless the evidence plainly and palpably is against the judgment rendered by the trial judge, based upon his conclusion on the facts. Cobb v. Malone et al., 92 Ala. 630, 9 So. 738.

The defendant in the court below is a beneficial fraternal order issuing policies of insurance to its members, subject to certain provisions contained in its constitution and by-laws, by which all policy holders are bound. Sup. Commandery Knights of Golden Rule, etc.,…