Caldwell v. Modern Woodmen of America

The opinion of the court was delivered by

Benson, J.:

While this action was pending upon a petition for a rehearing the defendant filed depositions in this court tending to prove that W. H. Caldwell, the insured, was still living. On consideration of this evidence the- petition was granted so far as to allow a rehearing upon the question whether a new trial should be granted of the particular issue relating to the death of the insured. The parties were thereupon given leave to- file further evidence in this court on that question. The defendants have filed depositions accordingly, tending…