Aetna Life Insurance v. Taylor
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The case should not have been revived. Kirby’s Digest, § § 6303 to 6306. It was improperly revived. No order was served on defendant. 2. It was error to give the second instruction for plaintiff.
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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The case should not have been revived. Kirby’s Digest, § § 6303 to 6306. It was improperly revived. No order was served on defendant. 2. It was error to give the second instruction for plaintiff. The burden of proving suicide was not on defendant. 55 N. E. 540; 182 111. 496; 4 Cooley on Insurance, 3258. 3. The attorney’s fee is excessive. 1. The suit was properly revived: Kirby’s Digest, § § 6603 to 6307, 6314, 6317; 76 Ark. 122. 2. The burden was on appellant to prove suicide. 80 Ark. 190; 95 Id. 456; 113 Id. 502. There is no…
1Opinion of the Court
Hart, J.,
(after stating the facts). This action was commenced by Ella 8. Sears, the beneficiary named in the policy. During the pendency of the action and before the case was tried she died and the suit was revived in the name of Dan Taylor, as special administrator of her estate. This was done over the objection of the defendant. The motion to revive was accompanied by the affidavit of three persons showing that Ella S. Sears had died at Salt Lake City, Utah, and that no administration upon her estate had been had. There was no error in the action of the court in this regard.
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2Cases cited12 opinions
- Travellers' Insurance v. McConkeySupreme Court of the United States · 1888
- Fetter v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Insurance Co. v. BennettTennessee Supreme Court · 1891
- Wilkinson v. Ætna Life InsuranceIllinois Supreme Court · 1909
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Aetna Life Insurance Co. v. SpencerSupreme Court of Arkansas · 1930
- Equitable Life Assurance Society of the United States v. RummellSupreme Court of Arkansas · 1974
- Cecil Powers v. Continental Casualty Company and St. Paul Fire and Marine Insurance CompanyCourt of Appeals for the Eighth Circuit · 1962
- Metropolitan Casualty Insurance v. ChambersSupreme Court of Arkansas · 1918
- Carter v. Standard Acc. Ins.Utah Supreme Court · 1925
18 more not listed; retrieve them via the Exa API.