Supreme Ruling of Fraternal Mystic Circle v. Sommers

• Decision Date: 16 November 1914
• Docket Number: 16705
• Citation: Supreme Ruling of Fraternal Mystic Circle v. Sommers, 66 So. 322, 108 Miss. 54 (Miss. 1914)
• Court: Mississippi Supreme Court
• Parties: SUPREME RULING OF FRATERNAL MYSTIC CIRCLE v. SOMMERS

66 So. 322

108 Miss. 54

SUPREME RULING OF FRATERNAL MYSTIC CIRCLE v. SOMMERS

No. 16705

Supreme Court of Mississippi

November 16, 1914

APPEAL from the circuit court of Washington county. HON. J. M CASHIN, Judge.

Suit by Margaret A. Sommers against the Supreme Ruling of the Fraternal Mystic Circle. From a judgment for plaintiff defendant appeals.

The facts are fully stated in the opinion of the court.

Reversed and remanded.

Cutrer & Johnston, for appellant.

Watson & Jayne, for appellee.

OPINION

COOK, J.

This is an appeal from a judgment by default, rendered by the circuit court of Washington county, upon a declaration filed by appellee against appellant, upon an alleged contract of insurance. The declaration avers that the "Supreme Ruling of the Fraternal Mystic Circle is a benefit society doing business in and having subordinate lodges in Washington county." A summons was issued on this declaration, which commanded the sheriff to summon the "Supreme Ruling of the Fraternal Mystic Circle, if to be found in your county," etc. The sheriff's return of the summons is as follows:

"Received this first day of November, 1911.

"THOS WORTHINGTON, Sheriff,

By S. P. AKIN, D. S.

"Executed the within process this first day of November, 1911, upon the defendant, the Supreme Ruling of the Fraternal Mystic Circle, in person, by handing Hy. Schawl a true copy thereof.

THOS. WORTHINGTON, Sheriff,

By GEORGE W. PHILLIPS, D. S."

There is nothing anywhere in the record to show what relation, if any,...