Legal Opinion

Supreme Council of A. L. of H. v. Anderson

Texas Supreme Court

Decided March 14, 1884No. Case No. 1815PublishedCited by 38 opinions

Appeal from Wharton. Tried below before the Hon. Wm. H.. Burkhart. Mamie Anderson brought suit May 5, 1883, in the district court of Wharton county, against the supreme council of the American Legion of Honor, a corporation chartered under the laws of Massachusetts, to recover $5,000, being the amount, as alleged in the petition, which appellant had agreed to pay appellee upon the death of her husband, W. J. Anderson.

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Appeal from Wharton. Tried below before the Hon. Wm. H.. Burkhart. Mamie Anderson brought suit May 5, 1883, in the district court of Wharton county, against the supreme council of the American Legion of Honor, a corporation chartered under the laws of Massachusetts, to recover $5,000, being the amount, as alleged in the petition, which appellant had agreed to pay appellee upon the death of her husband, W. J. Anderson. It was alleged: 1st. That appellants were engaged in the business of life insurance, having grand and subordinate councils, one of which was located in Wharton county, and which…

1Opinion of the Court

West, Associate Justice.

— We do not think that the agreement of counsel filed in the case, as to certain matters of evidence, was intended or had the effect to preclude the appellant from raising objections to the relevancy and competency in evidence of the particular benefit certificate in question.

This agreement, it is true, is very broad and sweeping in its terms, but cannot, we think, taking the whole matter into consideration, with reference to the then state of the pleadings of the appellee, be considered to have gone quite to that length. It was doubtless intended to shorten the case,…

2Cases cited11 opinions

  1. Patton v. RuckerTexas Supreme Court · 1867
  2. Foster v. MartinTexas Supreme Court · 1857
  3. Lea v. HernandezTexas Supreme Court · 1853
  4. Cartwright v. HollisTexas Supreme Court · 1849
  5. Mitchell v. De WittTexas Supreme Court · 1857

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3Cited by38 opinions

  1. Supreme Lodge, Knights of Pythias v. KnightIndiana Supreme Court · 1889
  2. Erisman v. ThompsonTexas Supreme Court · 1943
  3. City of Waco v. BranchCourt of Appeals of Texas · 1928
  4. North v. NorthCourt of Appeals of Texas · 1927
  5. Albritton v. Commerce Farm Credit Co.Court of Appeals of Texas · 1928

33 more not listed; retrieve them via the Exa API.

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