Grand Lodge v. Elsner
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Dawiel. DilloN, Judge. The parties-were entitled to a trial by jury. Story, Eq. Plead., sects. 297, 362; Banlc v. Bangs, 2 Paige Rep. 570; An-gelí v." Hadden, 16 Yes. 203. The terms, “widow,” “wife,” and “husband,” do not, necessarily, mean the-lawful widow, wife, or husband. Howe’s Goods, Eng. H. Ct. Prob. Div. 48 J. P. 743 (19 Cent. Law Jour. 479) Kelly «. Johnson, 2 Johnson Cases, 29 (1 Am.
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Appeal from the St. Louis Circuit Court, Dawiel. DilloN, Judge. The parties-were entitled to a trial by jury. Story, Eq. Plead., sects. 297, 362; Banlc v. Bangs, 2 Paige Rep. 570; An-gelí v." Hadden, 16 Yes. 203. The terms, “widow,” “wife,” and “husband,” do not, necessarily, mean the-lawful widow, wife, or husband. Howe’s Goods, Eng. H. Ct. Prob. Div. 48 J. P. 743 (19 Cent. Law Jour. 479) Kelly «. Johnson, 2 Johnson Cases, 29 (1 Am. Dec.) 154; Hardy v. Warren (Mass.), 18 Cent. Law Jour. 268.. If the marriage was illegal in its inception, his continuing to live with her, after the disability…
1Opinion of the CourtRombatjer, J.
The plaintiff filed a petition in the nature of a bill *111•of interpleader, stating that it was a benevolent association ; that one Jacob Eisner died .May 3, 1883, and was, at the date of his death, a member, in good standing, of the plaintiff association, and that the laws of the society provide that, on the death of any member in good standing, it should pay to the widow of the deceased the sum of seven hundred dollars, and, in case there is no such widow, to his children, in equal parts.
The petition further states that there are rival claimants to such fund, who threaten to proceed against…
2Cases cited11 opinions
- Reid v. Piedmont & Arlington Life InsuranceSupreme Court of Missouri · 1874
- Coleman v. Supreme Lodge, Knights of HonorMissouri Court of Appeals · 1885
- Carter v. PriorSupreme Court of Missouri · 1883
- Wolff v. SchaefferMissouri Court of Appeals · 1877
- Conran v. SellewSupreme Court of Missouri · 1859
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Union Mutual Life Insurance v. BroderickCalifornia Supreme Court · 1925
- Mulroy v. Supreme Lodge of the Knights of HonorMissouri Court of Appeals · 1888
- Keener v. Grand LodgeMissouri Court of Appeals · 1889
- Harvey v. Grand Lodge of Ancient Order of United WorkmenMissouri Court of Appeals · 1892
- Supreme Lodge, Ancient Order United Workmen v. HutchinsonIndiana Court of Appeals · 1893
13 more not listed; retrieve them via the Exa API.