Acree v. Whitley
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; B. H. Dudley, Judge; STATEMENT OF FACTS. Thomas B. Whitley, a minor, having a claim against A. J. Aeree for damages for personal injuries alleged to have been sustained by him on account of the negligence of Aeree, by his next friend, instituted an action to recover damages against Aeree in the circuit court on September 8, 1917. On the same day allegations and interrogatories directed to the Supreme Tribe of Ben Hur…
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Appeal from Craighead Circuit Court, Jonesboro District; B. H. Dudley, Judge; STATEMENT OF FACTS. Thomas B. Whitley, a minor, having a claim against A. J. Aeree for damages for personal injuries alleged to have been sustained by him on account of the negligence of Aeree, by his next friend, instituted an action to recover damages against Aeree in the circuit court on September 8, 1917. On the same day allegations and interrogatories directed to the Supreme Tribe of Ben Hur were filed. The Supreme Tribe of Ben Hur filed an answer in which it stated that it was a fraternal benefit society…
1Opinion of the Court
Hart, J.,
(after stating the facts). In this case the ¡insured died while a member in good standing in a fraternal benefit society, and the company admitted liability on the benefit certificate and was ready to pay the beneficiary the amount thereof. The plaintiff in an action for tort recovered judgment against the beneficiary and sued out a writ of garnishment against the company and had it served before the money was paid by the company to-the beneficiary. The circuit court was of the opinion that the fund in the hands of the company was subject to garnishment under the laws of this State…
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