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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...for such injury. A clause of the by-laws, which were a part of the contract of insurance, provided that no greater amount should be paid any member than the amount payable to the latter class for any injury received while hunting, or in any way using or handling firearms. The plaintiff lost his hand by the discharge of a gun which he was removing from one room of his house, where it was left by one of his boarders, to another. Held, that his recovery was limited to, $1500. (Syllabus by the Court.) Commissioners' opinion. Department No. 3. Error to district court, Lancaster county; Frost, Judge. Action by Thomas J. Doody against the National Masonic Accident Association. There was judgment for plaintiff for part of his demand, and he brings error. Affirmed. Tlbbets Bros, and Morey & Anderson, for plaintiff in error. F. M. Hall and C. C. Marlay, for defendant In error. ALBERT, C. This action was brought on an accident Insurance policy Issued to the plaintiff by the defendant Defendant Is a mutual concern, and the members are classified according to the hazard of their occupa Rehearlng denied February 4, 1903. tlons. Tbe plaintiff was classified as Mm proprietor ct a boarding house, and belonged to class 1, whose members were entitled to an Indemnity of $2,500 for the loss of a band, while those of class 6 were entitled to but $500 for such Injury. The by-laws of the defendant, which are part of the contract of insurance, provide, among other things, as follows: "Nor shall any greater amount be paid to any member or his beneficiary than the amount named in class C for or on account of any injury received by any member while hunting, or while in any way using or handling loaded firearms." At the time when the policy was in force...
Cases decided in the courts of Iowa, Michigan, Minnesota, Nebraska, North Dakota, South Dakota, Wisconsin.
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...until November 12, 1000, when, it appearing from the affidavit of J. H. McCulloch, one of the attorneys for the Omaha National Bank, that Robinson was dead, that no order of revivor had been made, and that more than one year had elapsed since such order could have been made, the action was stricken from the docket. The case remained in this condition until February, 1004, when a motion was made in behalf of the executors of Robinson to revive the original judgment in the district court A conditional order of revivor was allowed providing that, unless the defendant showed cause by March 14, 1904, the judgment should stand revived. The defendant made a return to this order to show cause by alleging the facts in regard to the death of Robinson, the reversal of the judgment, and the action of the district court thereafter striking the case from the docket Evidence was adduced, and at the hearing the district court sustained the motion for revivor, and made it absolute. No motion for a new trial was filed. The plaintiff In error in its petition assigns: (1) The court erred in sustaining the motion of this defendant in error for a revivor of said judgment; (2) the court erred in signing and directing the entry of the order reviving said Judgment The first question presented is whether or not these assignments present any question for review in view of the fact that no motion for a new trial was filed in the district court. In the view we take of the case, it is not necessary to consider this assignment. We are of the opinion that the proceedings had in the Supreme Court were void; that the judgment of reversal was of no validity, nor was the mandate of any force. We have repeatedly said that a Judgment rendered by a court without jurisdiction...