Legal Opinion

Smith v. Order of United Commercial Travelers of America

South Dakota Supreme Court

Decided October 1, 1912Published

Appeal from Circuit Court, Beadle County. Hon. Auva E. Tay'ror, Judge. Action by Annie E. Smith against the Order of United Commercial Travelers of America, to recover on a policy of insurance or certificate of membership in defendant company, issued to plaintiff’s deceased husband. From an order denying defendant’s motion to vacate a default judgment, it appeals.

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Appeal from Circuit Court, Beadle County. Hon. Auva E. Tay'ror, Judge. Action by Annie E. Smith against the Order of United Commercial Travelers of America, to recover on a policy of insurance or certificate of membership in defendant company, issued to plaintiff’s deceased husband. From an order denying defendant’s motion to vacate a default judgment, it appeals. The proposed answer contains, among other things, allegations substantially -to the effect: That under the insurance policy involved, payments shall cover only deaths, etc., resulting from bodily injury which is external,…

1Opinion of the CourtCorson, J.

This is an appeal by the defendant from an order overruling its motion to vacate and set aside a default judgment taken against it through alleged mistake or inadvertence on the part of its officers and attorneys, and for leave to serve and file and answer therein.

The plaintiff in this action, who is the surviving widow of William H. Smith, deceased', brought suit to recover on a policy of insurance or certificate of membership in the defendant company. The complaint, after alleging that the deceased was a member in good standing, having paid all dues, assessments, etc., and otherwise…

2Cases cited10 opinions

  1. Pettigrew v. City of Sioux FallsSouth Dakota Supreme Court · 1894
  2. Evans v. Fall River CountySouth Dakota Supreme Court · 1893
  3. Keenan v. DaniellsSouth Dakota Supreme Court · 1904
  4. Merchants' Nat. Bank v. StebbinsSouth Dakota Supreme Court · 1898
  5. Corson v. SmithSouth Dakota Supreme Court · 1908

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