Magness v. Modern Woodmen of America
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. R. P. Howell, Judge. Action at law to recover upon a benefit certificate or life insurance policy issued by the defendant upon the life of W. H. Magness. There was a judgment for the plaintiffs, and defendant appeals .
1Opinion of the CourtWeaver, J.
This case has been twice tried, and in each instance the issues of fact were determined in favor of the plaintiffs. On the first trial the verdict was set aside by the district court on defendant’s motion, which was based on several distinct grounds, and on appeal to this court it was held that, in view of the large discretion vested in the trial court in the matter of granting new trials and the impossibility of determining from the record the precise ground upon which the motion had been sustained, the order granting a new trial should be affirmed. On being remanded a new trial was had to…
2Cases cited5 opinions
- Tisdale v. Connecticut Mutual Life InsuranceSupreme Court of Iowa · 1868
- Leach v. HallSupreme Court of Iowa · 1895
- Seeds v. Grand Lodge of IowaSupreme Court of Iowa · 1894
- Cowan v. LindsayWisconsin Supreme Court · 1872
- Sherod v. EwellSupreme Court of Iowa · 1897
3Cited by16 opinions
- Modern Woodmen of America v. MichelinSupreme Court of Oklahoma · 1924
- McLaughlin v. Sovereign CampNebraska Supreme Court · 1914
- Haines v. Modern Woodmen of AmericaSupreme Court of Iowa · 1920
- Richey v. Sovereign Camp of the Woodmen of the WorldSupreme Court of Iowa · 1918
- Metropolitan Life Insurance v. BottoSupreme Court of Virginia · 1928
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