Mobile Life Ins. v. Walker
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before Hon. Harry T. ToulmiN. This was an action brought by tbe appellee, Mrs. Kate "Walker, against tbe appellant, to recover tbe amount of a policy issued by it in April, 1875, on the life of her father, Dr. Wood, and of which she was the beneficiary.
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Appeal from Circuit Court of Mobile. Tried before Hon. Harry T. ToulmiN. This was an action brought by tbe appellee, Mrs. Kate "Walker, against tbe appellant, to recover tbe amount of a policy issued by it in April, 1875, on the life of her father, Dr. Wood, and of which she was the beneficiary. Upon his application for insurance, Dr. Wood was required to answer various questions as to bis residence, state of health, present and past; tbe health, length of life, and cause of death of his relatives. The policy recited that it was made on the faith of these answers, and that if any of them were…
1Opinion of the Court
BB.ICKELL, O. J.
1. The first question presented by the bill of exceptions, relates to the admissibility, as evidence, of the deposition of O’Neal, taken at the instance of the ap-pellee, on the ground that the witness resided without the State. The appellee subsequently procured the personal attendance of the witness, and he was in court when the trial was commenced, and was in the city of Mobile at the time it was proposed to read the deposition. The cause of his absence from the court at that particular time was unexplained, nor was it shown to have been without the consent of the…
2Cases cited6 opinions
- Miller v. Mutual Benefit Life InsuranceSupreme Court of Iowa · 1871
- City Council of Montgomery v. Gilmer & TaylorSupreme Court of Alabama · 1858
- People Ex Rel. Belden v. Contracting BoardNew York Court of Appeals · 1863
- Tullis v. KiddSupreme Court of Alabama · 1847
- Bennett v. FailSupreme Court of Alabama · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Roan v. StateSupreme Court of Alabama · 1932
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- McGuff v. StateSupreme Court of Alabama · 1946
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Clemons v. StateSupreme Court of Alabama · 1910
13 more not listed; retrieve them via the Exa API.