Penn Mutual Life Insurance v. Keeton
Mississippi Supreme Court
From the circuit court of Pearl River county. Hon. William H. Cook, Judge. Mrs. Keeton and others, appellees, were plaintiffs in the court ' below; the insurance company, appellant, was defendant there. From a judgment by default in plaintiffs’ favor the defendant appealed to the supreme court. The facts are stated in the opinion of the court. The declaration, taking all its averments as true, is not sufficient to sustain a judgment by default.
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From the circuit court of Pearl River county. Hon. William H. Cook, Judge. Mrs. Keeton and others, appellees, were plaintiffs in the court ' below; the insurance company, appellant, was defendant there. From a judgment by default in plaintiffs’ favor the defendant appealed to the supreme court. The facts are stated in the opinion of the court. The declaration, taking all its averments as true, is not sufficient to sustain a judgment by default. It is well settled that a judgment by default will be reversed if the allegations of the declaration are not sufficient to authorize a recovery. This…
1Opinion of the CourtMayes, J.
It seems to be well settled that, before a judgment by default can be sustained, the declaration must contain such averments as are necessary to show a right to recover, and it is our judgment that this declaration is wanting in this essential. 23 Oyc. 740, notes 83, 84. The declaration alleges the making of the insurance contract on the 22d day of October, 1906. It makes the insurance contract an exhibit to the declaration, and alleges the payment of all premiums and the death of the insured on the 3d day of October, 1907, and while the policy was in full force. The declaration further…
2Cases cited5 opinions
- Globe Accident Insurance v. ReidIndiana Court of Appeals · 1897
- Bradstreet Co. v. City of JacksonMississippi Supreme Court · 1902
- Gale v. LancasterMississippi Supreme Court · 1870
- Haynes v. Ezell ex rel. WalkerMississippi Supreme Court · 1852
- Smith v. Frank Gardner Hardware Co.Mississippi Supreme Court · 1903
3Cited by10 opinions
- United States Fidelity & Guaranty Co. v. WilliamsMississippi Supreme Court · 1909
- Carrier Lumber & Mfg. Co. v. Quitman CountyMississippi Supreme Court · 1929
- Odom v. Gulf & Ship Island RailroadMississippi Supreme Court · 1911
- Mutual Ben. Health & Accident Ass'n v. CrowderMississippi Supreme Court · 1947
- Stevens v. BarbourMississippi Supreme Court · 1942
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