Heralds Of Liberty v. Bowen

• Decision Date: 20 September 1910
• Docket Number: (No. 2,358.)
• Citation: 8 Ga.App. 325,68 S.E. 1008
• Parties: HERALDS OF LIBERTY v. BOWEN.
• Court: Georgia Court of Appeals

68 S.E. 1008

8 Ga.App. 325

HERALDS OF LIBERTY

v.BOWEN.

(No. 2, 358.)

Court of Appeals of Georgia.

Sept. 20, 1910.

(Syllabus by the Court.)

1. Insurance (§ 814^*)—Mutual Benefit Insurance—Actions—Service of Process.

The method of service on fraternal beneficial associations, provided by the act of 1900 (Acts 1900, p. 71), is only cumulative. Service may be perfected upon an insurance association by serving its agent who procured the issuance of the contract which is the basis of the suit, provided the agency continues until service.

[Ed. Note.—For other cases, see Insurance, Dec. Dig. § 814.*]

2. Traverse of Entry of Service of Process Properly Overruled.

It appearing that such an agent was served, the traverse of the entry of service was properly overruled.

3. Insurance (§ 687*)—Fraternal Beneficial Associations.

An association which issues policies of insurance, but, so far as appears, has no ritual, nor any initiation, cannot be legally classed as a fraternal beneficial association under the laws of Georgia, and may be treated as an ordinary insurance company.

[Ed. Note.—For other cases, see Insurance, Cent. Dig. § 1824; Dec. Dig. § 687.*]

4. Appeal and Error (§ 671*) — Review — Evidence.

For the want of a proper brief of evidence, the exceptions depending upon a consideration of the evidence cannot be considered.

[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. § 2872; Dec. Dig. § 671.*]

5. Petition Sufficient.

The petition amply disclosed the fact that the plaintiff sued in his representative capacity as administrator on the estate of the insured.

6. Insurance (§ 715*)—Mutual Benefit Insurance — Requisites of Policy — Statutory Provisions.

The act approved August 17, 1906 (Acts 1906, p. 107), which provides that, wherever a policy of insurance contains any reference to the application for insurance or the constitution, by-laws, or other rules of the company as forming a part of the policy or contract between the parties, the policy shall contain, in itselfor in some exhibit attached thereto, a correct copy of the application, by-law, or rule, as the case may be, and that otherwise the application, by-law, etc., shall not be regarded as a part of the contract, applies to fraternal as well as to other insurance companies.

[Ed. Note.—For other cases, see Insurance, Cent. Dig. § 1853; Dec. Dig. § 715.^2-*]

Error from City Court of Dal ton; Moses Wright, Judge.

Action by W. C. Bowen, administrator, against the Heralds of Liberty. Judgment for plaintiff, and defendant brings error. Affirmed.

M. C. Tarver, for plaintiff in error.

Maddox, McCamy & Shumate, for defendant in error.

RUSSELL, J. Judgment affirmed.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes

2-*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes