Junior Order United American Mechanics v. Ringo

Opinion of the Court by

Chief Justice Hobson

Affirming.

The facts of this controversy are stated' in the opinion delivered on the former appeal. (See Funeral Benefit Dept. of Junior Order American Mechanics v. Ringo, 131 S. W., 2.) On the return of the case to the circuit court it was tried again, the trial resulting in a verdict and judgment in favor of the plaintiff. The defendant appeals.

It is insisted that the court erred in putting the burden of proof in the action upon the defendant. In the former opinion it was held that the denial in the answer that the deceased at the time of his death…