Clay v. District Grand Lodge No. 21

MOUTON, Judge.

Plaintiff, appellee, filed a motion to dismiss the appeal, but is asking for damages for a frivolous appeal. The motion to dismiss must be considered as waived or abandoned.

Merits.

The district judge rendered the following opinion and decree :

“This is a suit upon a policy of insurance, presenting the single question of the sufficiency of the proof of death of the person whose life was insured.

“John Robinson, the subject of the insurance, was an old man of about 85 years, feeble in bpdy and in mind, and subject to recurrent heart attacks and epileptic fits, which would render him…