Hannon v. Grand Lodge of the Ancient Order of United Workmen

Citations

• 99 Kan. 734

Syllabus

<p>SYLLABUS 'BY THE COURT.</p> <p>1. Fraternal Insurance — Unpaid Judgment — No Appeal Within Sixty Days — Application of Statute. The statutory provision that any fraternal beneficiary association which fails to pay within sixty days an unappealed judgment against it 'shall be excluled from doing business in the state, which has been held to establish a sixty day limit for appeals by such an association, applies to domestic as well as to foreign corporations.</p> <p>2. Same — Statute—Limiting Time to Appeal to Sixty Days — Not Repealed. The section of the statute adopting the present code of procedure which repealed the former code and “all acts amendatory thereof and supplemental thereto,” did not affect limitations upon the period within which certain actions may be brought, fixed by other statutes, not relating primarily to procedure, and not expressly amending or supplementing the general act on that subject.</p> <p>3. Same — Unexplained Disappearance of Member — Presumption of Death. The evidence is found to be sufficient to support a presumption of the death of a person; arising from his unexplained disappearance, followed by an absence of seven years during which nothing was learned of him, notwithstanding the diligent prosecution of inquiries.</p> <p>4. Same^-Disappearance of Member — Presumption of Death — By-laws of Association — Usual Rules of Evidence Control. A by-law of a fraternal beneficiary association providing that “mysterious disappearance or unexplained absence of a member shall never be considered proof or evidence of death of such member” does not prevent the application of the usual rule as to unexplained absence under certain circumstances being sufficient to raise a presumption of death, in the trial of an action brought upon a certificate issued before its adoption.</p>