Baker v. Sov. Camp, W.O.W., 36169.

CourtUnited States State Supreme Court of Missouri
Writing for the CourtDouglas
Citation125 S.W.2d 849
PartiesRACHEL V.D. BAKER, Appellant, v. THE SOVEREIGN CAMP OF THE WOODMEN OF THE WORLD.
Docket NumberNo. 36169.,36169.
Decision Date08 March 1939
125 S.W.2d 849
RACHEL V.D. BAKER, Appellant,
v.
THE SOVEREIGN CAMP OF THE WOODMEN OF THE WORLD.
No. 36169.
Supreme Court of Missouri.
Division One, March 8, 1939.

Appeal from Clinton Circuit Court. — Hon. Richard B. Bridgeman, Judge.

AFFIRMED.

Elliott & Crouse and E.H. Gamble for appellant.

(1) The faith and credit clause (U.S. Const. Art. IV, Sec. 1) is not an issue in this case, because — (a) Defendant's answer did not allege that the faith and credit clause compelled a decision in its favor, in the light of the Nebraska statutes and decisions, and stated no connection between the clause and its defense, and even if the clause had been properly pleaded it was abandoned in the trial court. Also the decision of that question was not necessary to and did not inhere in the trial court's decision. Quincy, etc., Railroad Co. v. Sohney, 223 U.S. 705, 32 Sup. Ct. 517; Sohoney v. Ry. Co., 132 S.W. 1039; Miller v. Connor, 157 S.W. 81; Bealmer v. Hartford Ins. Co., 220 S.W. 954; State ex rel. Wolfe v. Mo. Dental Board, 221 S.W. 70; Burns v. Prudential Ins. Co., 247 S.W. 159; Zach v. Fidelity, etc., Co., 257 S.W. 124; Corbett v. Lincoln, etc., Assn., 4 S.W. (2d) 824; Sutton v. Anderson, 31 S.W. (2d) 1026; McGill v. St. Joseph, 31 S.W. (2d) 1038; Schildnecht v. Joplin, 35 S.W. (2d) 35; Dietrich v. Brickey, 37 S.W. (2d) 428; Hohlstein v. St. Louis Roofing Co., 42 S.W. (2d) 573; Early v. Maccabees, 48 S.W. (2d) 890; State ex rel. Rose v. Webb City, 64 S.W. (2d) 597; Rechow v. Bankers Life Co., 73 S.W. (2d) 794; State ex rel. Karbe v. Bader, 78 S.W. (2d) 835; Ragsdale v. B.R.T., 80 S.W. (2d) 272; Bolin v. W.O.W., 98 S.W. (2d) 681; State ex rel. Power Co. v. Allen, 100 S.W. (2d) 868; Bushnell v. Mississippi, etc., Dist., 102 S.W. (2d) 871; Robertson v. Sec. Ben. Assn., 114 S.W. (2d) 1009. (b) Even if defendant had properly presented and not abandoned the constitutional question in the trial court, defendant did abandon it on appeal to the Kansas City Court of Appeals by making no effort to have the appeal transferred to this court, which alone has jurisdiction of such issues, and by defendant submitting the case in the Kansas City Court of Appeals on other grounds and without raising the constitutional question there. Wabash Ry. Co. v. Flannigan, 117 S.W. 722; Parker-Washington Co. v. Field, 219 S.W. 598; California Road Dist. v. Bueker, 248 S.W. 927; Sutton v. Anderson, 31 S.W. (2d) 824; McGill v. St. Joseph, 31 S.W. (2d) 1038; Bankers Mtg. Co. v. Lessley, 31 S.W. (2d) 1055; Schildnecht v. Joplin, 35 S.W. (2d) 35. (2) No such Nebraska statutes as are cited either in defendant's answer or on page 3 of defendant's brief in this court were produced in evidence. There are no such statutes. Moreover, defendant can derive no benefit from any statutes of Nebraska, which adopted no statute restricting the terms of fraternal policies until 1897, long after the Baker policy was issued. Neb. Comp. Stats. 1887, p. 268, ch. 6, secs. 198-205; Neb. Comp. Stats. 1891, secs. 442-450; Neb. Sess. Laws, 1895, p. 176, ch. 42; Neb. Sess. Laws, 1897, p. 226, ch. 47, secs. 1-24; Neb. Comp. Stats., 1897, ch. 43, secs. 349a-349w; Neb. Sess. Laws, 1899, p. 198, ch. 45; Neb. Anno. Stats., 1911, sec. 6636; Neb. Sess. Laws, 1913, p. 472; Neb. Comp. Stats., 1913, p. 930, sec. 3296. (3) The Haner and Trapp decisions are not in point with this case on the record made by defendant herein. Haner v. Grand Lodge, A.O.U.W., 168 N.W. 189; Trapp v. W.O.W., 168 N.W. 191; Garretson v. W.O.W., 243 S.W. 257; Sov. Camp, W.O.W., v. Wheeler, 101 So. 914; Sov. Camp. v. Wirtz, 254 S.W. 637; Wirtz v. Sov. Camp, W.O.W., 268 S.W. 438; Sov. Camp, W.O.W. v. Wheeler, 146 S.E. 914. (4) Of five Missouri decisions on W.O.W. Missouri policies containing the "payments to cease" provision, all except the first, the Garretson case, have upheld and enforced it. The reasoning of the four later cases is sound, and should be followed here. Laws, 1911, pp. 284-291; R.S. 1929, secs. 5732-5740, 6005; Westerman v. K.P., 94 S.W. 470; Schmidt v. Forresters, 129 S.W. 653; Garretson v. W.O.W., 243 S.W. 257; Neff v. W.O.W., 48 S.W. (2d) 564; Rechow v. Banker's Life, 73 S.W. (2d) 794; Bolin v. W.O.W., 98 S.W. (2d) 681; Bolin v. W.O.W., 112 S.W. (2d) 582; Baker v. W.O.W., 116 S.W. (2d) 513. (5) The power of a state over foreign corporations doing business therein is equal to the power of the state over domestic corporations. Orient Ins. Co. v. Daggs, 172 U.S. 557, 19 Sup. Ct. 281...

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6 cases
  • Baker v. Sovereign Camp, W. O. W., 36169
    • United States
    • United States State Supreme Court of Missouri
    • 8 d3 Março d3 1939
    ...125 S.W.2d 849 344 Mo. 230 Rachel V. D. Baker, Appellant, v. The Sovereign Camp of the Woodmen of the World No. 36169Supreme Court of MissouriMarch 8, Appeal from Clinton Circuit Court; Hon. Richard B. Bridgeman, Judge. Affirmed. Elliott & Crouse and E. H. Gamble for appellant. (1) The fait......
  • Bernblum v. Travelers Ins. Co. of Hartford, Conn., 36141
    • United States
    • United States State Supreme Court of Missouri
    • 8 d3 Março d3 1939
    ...is that the issue that was submitted to the jury was not an issue of fact for their determination, but an issue of law for the court to [125 S.W.2d 849] determine (Powell v. Mo. Pac. Ry. Co., 76 Mo. 80, l. c. 83-85), and that the error of the trial court in denying the demurrer to the evide......
  • Bernblum v. Travelers Ins. Co., 36141.
    • United States
    • United States State Supreme Court of Missouri
    • 8 d3 Março d3 1939
    ...is that the issue that was submitted to the jury was not an issue of fact for their determination, but an issue of law for the court to 125 S.W.2d 849 determine (Powell v. Mo. Pac. Ry. Co., 76 Mo. 80, l.c. 83-85), and that the error of the trial court in denying the demurrer to the evidence......
  • McDaniel v. Sovereign Camp, W. O. W., 36528.
    • United States
    • United States State Supreme Court of Missouri
    • 7 d2 Maio d2 1940
    ...Ass'n, 342 Mo. 284, 114 S.W.2d 1009; Reece v. Security Benefit Ass'n, Mo.Sup., 124 S.W.2d 1146; Baker v. Sov. Camp, W. O. W., Mo.Sup., 125 S.W.2d 849; Clark v. Security Benefit Ass'n, 343 Mo. 263, 121 S.W.2d 148; Sovereign Camp Woodmen of the World v. Bolin, 305 U.S. 66, 59 S.Ct. 35, 83 L.E......
  • Request a trial to view additional results

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