Eminent Household of Columbian Woodmen v. Howle
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The court erred in refusing appellant the privilege of opening and closing the case, after admitting the issuance of the policy, the payment of all premiums and the death, and thus assumed the burden of showing that deceased had violated the by-laws of the order.
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Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The court erred in refusing appellant the privilege of opening and closing the case, after admitting the issuance of the policy, the payment of all premiums and the death, and thus assumed the burden of showing that deceased had violated the by-laws of the order. Kirby & Castle’s Digest, § § 3417-18, 7635; 82 Ark. 333; Kirby’s Digest, § § 3107, 6196; 61 Ark. 628; 59 Id. 142. 2. The admission of non-expert testimony as to the insanity of Howle was error. 103 Ark. 200; 76 Id. 286, etc. 3. The court erred in giving instructions requested…
1Opinion of the Court
HART, J.,
(after stating the facts). In the opinion on the first appeal it was held that when a policy of insurance in a fraternal order provides for a forfeiture in case the insured met his death while committing an act in violation of law, in order to avoid the policy the insured must have met his death while voluntarily engaged in the violation of the law and if the insured was insane and not responsible for his acts when the act was committed, then he did not voluntarily commit an unlawful act in violation of the law.
It was the contention of the plaintiff that Howle at the tinie of the…
2Cases cited6 opinions
- Arkansas Mutual Fire Insurance v. StuckeySupreme Court of Arkansas · 1907
- Beal & Doyle Dry Goods Co. v. BartonSupreme Court of Arkansas · 1906
- Supreme Lodge of Knights v. BradleySupreme Court of Arkansas · 1904
- Excelsior Manufacturing Co. v. OwensSupreme Court of Arkansas · 1894
- State Life Insurance v. FordSupreme Court of Arkansas · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Federal Life Insurance v. HaseSupreme Court of Arkansas · 1937
- Old American Insurance Co. v. HartsellSupreme Court of Arkansas · 1928
- Vern Barnett Construction Co. v. J. A. Hadley Construction Co.Supreme Court of Arkansas · 1973
- Kempner v. StephensSupreme Court of Arkansas · 1933
- National Life Accident Insurance Co. v. AlexanderSupreme Court of Arkansas · 1936
1 more not listed; retrieve them via the Exa API.