Legal Opinion

Eminent Household of Columbian Woodmen v. Simmons

Supreme Court of Arkansas

Decided October 31, 1921PublishedCited by 3 opinions

Appeal from Woodruff Circuit Court, Northern District; J. M. Jackson, Judge; 1. It was error to exclude tbe testimony of tbe physician touching the condition of Mrs. Simmons’ health a few days prior to her application for reinstatement. In her application she expressly waived the right to claim privilege disqualifying the physician from testifying. 103 Ark. 201; 133 Id. 411. 2. The court erred in directing the verdict for the plaintiff.

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Appeal from Woodruff Circuit Court, Northern District; J. M. Jackson, Judge; 1. It was error to exclude tbe testimony of tbe physician touching the condition of Mrs. Simmons’ health a few days prior to her application for reinstatement. In her application she expressly waived the right to claim privilege disqualifying the physician from testifying. 103 Ark. 201; 133 Id. 411. 2. The court erred in directing the verdict for the plaintiff. There is no similarity between this case and the Bates case, 144 Ark. 345, and the Newsom case, 142 Ark. 132, differs materially from this in that there was…

1Opinion of the CourtWood, J.

This is an action brought by the appellee against the appellant -to recover on an insurance policy insuring the life of Seddie L.« Simmons, in which policy the appellee was named as the beneficiary. The appellant is a fraternal benefit society and a corporation authorized to and doing business in this State. The appellee set up the policy, and alleged that the insured died on March 21, 1918; that at the time of her death all the premiums due on the policy had been paid; that appellee had complied, with all the conditions of the policy. The appellant defended on the groupd that the insured had…

2Cases cited5 opinions

  1. Sovereign Camp Woodmen of the World v. NewsomSupreme Court of Arkansas · 1920
  2. Supreme Lodge, Knights of Honor v. DavisSupreme Court of Colorado · 1899
  3. Security Life Insurance Co. of America v. BatesSupreme Court of Arkansas · 1920
  4. Sovereign Camp Woodmen of the World v. KeySupreme Court of Arkansas · 1921
  5. Illinois Bankers' Life Ass'n v. DowdySupreme Court of Arkansas · 1921

3Cited by3 opinions

  1. Columbian Mutual Life Insurance v. HighSupreme Court of Arkansas · 1934
  2. United Order of Good Samaritans v. ReavisSupreme Court of Arkansas · 1933
  3. Sovereign Camp, Woodmen of the World v. MaysSupreme Court of Arkansas · 1938

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