Legal Opinion

Supreme Ruling of the Fraternal Mystic Circle v. Turner

Mississippi Supreme Court

Decided March 15, 1913Published

Appeal from the circuit court of Itawamba county. Hon. J. H. Mitchell, Judge. Suit by Steve Henry Turner against the Supreme Ruling of the Fraternal Mystic Circle. From a judgment for plaintiff, defendant appeals. See 60 So. 75. The facts are fully stated in the opinion of the court. There is no question hut that fatal error has been committed in this case.

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Appeal from the circuit court of Itawamba county. Hon. J. H. Mitchell, Judge. Suit by Steve Henry Turner against the Supreme Ruling of the Fraternal Mystic Circle. From a judgment for plaintiff, defendant appeals. See 60 So. 75. The facts are fully stated in the opinion of the court. There is no question hut that fatal error has been committed in this case. The defense presented by the pleadings stricken from the file and which were amply supported by the evidence which was excluded, were good in law, and if they had been submitted to the jury, should have resulted in a verdict for the…

1Opinion of the CourtReed, J.

This is a suit to recover the amount of a benefit certificate issued by appellant to Wilson Turner, and made payable upon his death to his father, the appellee. Appellant is incorporated under the laws of Pennsylvania, and is transacting business in Mississippi as a life insurance association. Wilson Powell Turner was a member of a subordinate lodge of the association at Charleston, Miss. The benefit certificate, among other provisions, contains the following: “And upon the further condition that the said member complies with the constitution. *474laws, rules, and requirements of the Supreme…

2Cases cited1 opinion

  1. Hurt v. Southern RailroadMississippi Supreme Court · 1866

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