Legal Opinion

Jefferson County Burial Soc., Inc. v. Curry

Supreme Court of Alabama

Decided March 16, 1939No. 6 Div. 451PublishedCited by 9 opinions

1Opinion of the Court

BOULDIN, Justice.

Action by beneficiary named in a policy of burial insurance for recovery of damages for breach of the obligation to bury the insured member of the society.

The original complaint was in Code form for action on a life insurance policy. Code, § 9531, Form 12. On the trial Count A was filed, making the burial policy a part thereof, and alleging a breach of the obligation to furnish a burial of the value of $200, etc.

Defendant moved for a continuance on the ground of surprise, and assigns as error the overruling of such motion.

No abuse of the discretion in such case sufficiently…

2Cases cited5 opinions

  1. Woodmen of the World v. AlfordSupreme Court of Alabama · 1920
  2. Equitable Life Assur. Soc. v. DorrietySupreme Court of Alabama · 1934
  3. Sovereign Camp W. O. W. v. GunnSupreme Court of Alabama · 1932
  4. Sovereign Camp, W. O. W. v. HarrisSupreme Court of Alabama · 1934
  5. Beason v. Sovereign Camp, W. O. W.Supreme Court of Alabama · 1922

3Cited by9 opinions

  1. EMPLOYEES'BENEFIT ASS'N v. GrissettSupreme Court of Alabama · 1998
  2. Aetna Life Ins. Co. v. LavoieSupreme Court of Alabama · 1984
  3. Little v. SuggSupreme Court of Alabama · 1942
  4. Paul E. Walker, and Walker Hauling, Inc. v. American Motorists Insurance CompanyCourt of Appeals for the Fifth Circuit · 1976
  5. Equitable Life Assur. Soc. v. First Nat. Bank of BirminghamCourt of Appeals for the Fifth Circuit · 1940

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