United Woodman Benefit Ass'n v. Ivy
Mississippi Supreme Court
Appeal from the circuit court of Monroe county. . Hon. Claude Clayton, Judge. Suit by Emma Ivy against the United Woodman Benefit Association. From a judgment by default for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Monroe county. . Hon. Claude Clayton, Judge. Suit by Emma Ivy against the United Woodman Benefit Association. From a judgment by default for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Under the law in our state it has always been held that a judgment is void upon a claim.for unliquidated damages or for a sum not certain or unliquidated or for an amount contingent npon certain facts to be determined or npon a bond with conditions annexed when the declaration alleges special breaches, unless a writ or inquiry has. been…
1Opinion of the CourtSmith, C. J.
Appellee instituted this suit in the court below to recover of appellant upon an insurance policy by it, which provided for the payment to appellee upon the death of the insured of “a sum equal to the total assessments of the members of the U. W. B. A., who shall meet their assessments for the benefit of said member, and not to exceed the sum of one thousand dollars.” At the trial a judgment by default was rendered, awarding *501appellee tlie sum of nine hundred fifty dollars plus interest; she having admitted in her declaration the payment to her of fifty dollars upon the amount due under the…
2Cases cited7 opinions
- Elkhart Mutual Aid, Benevolent & Relief Ass'n v. HoughtonIndiana Supreme Court · 1885
- Supreme Council of A. L. of H. v. AndersonTexas Supreme Court · 1884
- Lawler v. MurphySupreme Court of Connecticut · 1889
- Lueders' Ex'r v. Hartford Life & Annuity Ins.U.S. Circuit Court for the District of Eastern Missouri · 1882
- People's Mutual Benefit Society v. McKayIndiana Supreme Court · 1894
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3Cited by1 opinion
- McFarland v. North America Benefit Corp.Appellate Court of Illinois · 1929