Equitable Accident Insurance v. Osborn
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Siiarpe. This action was brought by Mrs. Laura Osborn, widow and administratrix of the estate of John Osborn, her deceased husband ; and was commenced, as the summons and complaint are copied in the transcript, on the 21st November, 1888 (?) The action was founded on a policy of insurance against accidents, issued by the defendant to said John Osborn, which was dated February 18th, 1888. The complaint…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Siiarpe. This action was brought by Mrs. Laura Osborn, widow and administratrix of the estate of John Osborn, her deceased husband ; and was commenced, as the summons and complaint are copied in the transcript, on the 21st November, 1888 (?) The action was founded on a policy of insurance against accidents, issued by the defendant to said John Osborn, which was dated February 18th, 1888. The complaint alleged that said John Osborn died on the 30th May, 1888; but the evidence adduced on the trial, as copied in the bill of…
1Opinion of the Court
SOMERYILLE, J
1. The first plea of the defendant being a general denial of all the allegations of the complaint, necessarily put in issue the execution of the written policy of insurance which was the foundation of the suit, as well as the plaintiff’s ownership of the policy, as the beneficiary under it. The plea should, therefore, have been supported by affidavit,- and for want of such verification it was subject to the demurrer, which was interposed to it and was properly sustained by the trial court.—Mobile & Montgomery Railway Co. v. Gilmer, 85 Ala. 423; Code, 1886, §§ 2676, 2770; Manning…
2Cases cited2 opinions
- Manning v. MaroneySupreme Court of Alabama · 1888
- Carmelich v. MimsSupreme Court of Alabama · 1889
3Cited by49 opinions
- Johnston Broadcasting Co. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1949
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Provident Life & Accident Ins. v. PrietoTennessee Supreme Court · 1935
- Ala. Farm Bureau Mut. Cas. Ins. v. DyerSupreme Court of Alabama · 1984
- O'Bar v. Southern Life Health Ins. Co.Supreme Court of Alabama · 1936
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