Poeggler v. Supreme Council Catholic Mutual Benefit Ass'n

Plaintiff’s appeal from a judgment vacating a former judgment and permitting defendant to file answer, in proceedings had under sections 8207-8215, Rev. St. 1913, on the grounds of unavoidable casualty and fraud.

Defendant is a fraternal beneficiary association of New York, with branches or local lodges in Nebraska. Plaintiff’s claim, after more or less negotiations covering a period of two years, was definitely rejected by the de*609fendant. Afterwards the plaintiff commenced this action, service of summons being had upon the auditor of the state, whom the defendant had not authorized to receive…