State v. Texas Mut. Life Ins. Co. of Texas

On Motions for Rehearing by Appellant and Appellees.

Appellees contend that we were in error in holding that the burden of proof rested upon them to make the showing required under article 2971a, R. S. 1879 (Laws 1885, c. 65) as a prerequisite to their right to do business as a mutual relief association, citing Legion of Honor v. Story, 97 Tex. 264, 78 S. W. 1, and Grand Lodge v. Moore (Tex. Civ. App.) 154 S. W. 362.

The distinction between those cases and the case at bar is that there it was shown that the defendants were mutual relief associations, and such being a fact, the burden rested…