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Ex Parte Weil

Ex Parte Weil.

Ex Parte Weil, 78 So. 528 (Ala. 1918)
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Court
Supreme Court of Alabama · State Highest Courts
Decided
March 23, 1918
Docket
No. 3 Div. 233.
Judges
McClellan, Thomas, Anderson, Somerville, Gardner
Citations
78 So. 528201 Ala. 4091918 Ala. LEXIS 45
Disposition
Judgment of Court of Appeals reversed.
Summary
Certiorari to Court of Appeals. Action by Pauline Weil against the Travelers’ Insurance Company. Judgment for defendant was affirmed by the Court of Appeals, and plaintiff brings certiorari.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Per Curiam

PER CURIAM.

The application to the basic question presented by the petition for certiorari of the considerations and decision set forth in the opinion of Mayfield, J., on rehearing, in Mutual Life Ins. Co. of N. Y. v. T. E. Lovejoy, Adm’r, 78 South. 299 .

1

requires the conclusion that the judgment of the Court of Appeals, affirming the judgment of Montgomery circuit-court, was laid in error. The writ of certiorari to the Court of Appeals is granted and, consistent with the ruling of this court in the Lovejoy Case,- the order or judgment of affirmance entered by the Court of Appeals in the Weil Case is reversed and annulled..

Writ granted.

McClellan, mayfield, sayre, and THOMAS, JJ., concur. ANDERSON, C. J., and SOMERVILLE and GARDNER, JJ., dissent.

1

Ante, p. 337.

Dissent — Gardner

GARDNER, J.

(dissenting). In the ease of Mutual Life Ins. Co. v. Lovejoy, 78 South. 299 1

(present term), the writer has expressed his dissenting views. The holding of the "majority in that case is considered as also controlling the question here involved. The views of the writer therein expressed are here referred to as expressive of his dissenting views in the instant case, with special reference to the cases of Northwestern Life Ins. Co. v. McCue, 223 U. S. 234 , 32 Sup. Ct. 220, 56 L. Ed. 419 , 38 L. R. A. (N. S.) 57, and Burt v. Union Central Life Ins. Co., 187 U. S. 362 , 23 Sup. Ct. 139. 47 L. Ed. 216 , as being here more directly in’point.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1919: 21924: 11933: 21939: 11940: 11943: 11946: 119192026peak 1919 · 2

Relies on it most ⓘ

  1. Southern Life Health Ins. Co. v. Wynn194 So. 421 (Ala. Ct. App. 1940)
  2. Mutual Life Ins. Co. of New York v. Lovejoy83 So. 591 (Ala. 1919)
  3. Supreme Lodge of Knights of Pythias v. Overton82 So. 443 (Ala. 1919)
  4. National Life Accident Ins. Co. v. Alexander147 So. 173 (Ala. 1933)
  5. Smith v. Penn Mut. Life Ins. Co.14 So. 2d 690 (Ala. 1943)
  6. Southern Life Health Ins. Co. v. Whitfield190 So. 276 (Ala. 1939)

Most recent

  1. Modern Woodmen of America v. Kehoe25 So. 2d 463 (Miss. 1946)
  2. Smith v. Penn Mut. Life Ins. Co.14 So. 2d 690 (Ala. 1943)
  3. Southern Life Health Ins. Co. v. Wynn194 So. 421 (Ala. Ct. App. 1940)
  4. Southern Life Health Ins. Co. v. Whitfield190 So. 276 (Ala. 1939)
  5. Afro-American Life Ins. Co. v. Jones151 So. 405 (Fla. 1933)
  6. National Life Accident Ins. Co. v. Alexander147 So. 173 (Ala. 1933)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Northwestern Mut. Life Ins. v. McCue, 223 U.S. 234 (1912) 96
Burt v. Union Cent. Life Ins., 187 U.S. 362 (1902) 77
Mut. Life Ins. Co. of N.Y. v. Lovejoy, 78 So. 299 (Ala. 1917) 69

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