American Ins. Union v. Monk

Appellee sued appellant upon, an insurance certificate issued by the Fort Worth Mutual Benevolent Association, which insured the life of Sarah E. Monk, mother of' appellee, for $1,500, liability for the payment of which the appellant assumed by a merger-contract, and on a trial to the court without a-jury recovered judgment for that amount hence this appeal.

The first two assignments of error are that “the court erred in overruling,” and that “it was fundamental error for the court to over- - rule, defendant’s plea in abatement.” In substance the plea alleged that the constitution and by-laws…