Supreme Forest of the Woodmen Circle v. Stretton

Citations

• 68 Kan. 403
• 75 P. 472
• 1904 Kan. LEXIS 118

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Demurrer to Evidence — Defendant Estopped. If, after a demurrer to plaintiff’s evidence lias been overruled, the defendant enter upon a trial of the very matters which he claims the plaintiff failed to prove, introduce evidence respecting them which the plaintiff rebuts with further evidence, and take the verdict of the jury upon them, the status of the proof at the close of the plaintiff’s case,is rendered immaterial.</p> <p>2. Frateral Insurance — Misconduct of Assistant Clerk — Lodge JElstopped. The by-laws of a fraternal beneficiary society provided that subordinate lodges, so desiring, might have an assistant clerk. For some two months, both in the presence and absence of its clerk, a member of a subordinate lodge habitually received and receipted for dues and beneficiary assessments in the name of the clerk, in regular meetings of the lodge, with its knowledge and acquiescence. During a period of almost a month, in the absence of the clerk, she performed the latter’s duties in taking down and recording the minutes of meetings, collecting assessments and dues, entering payments made by members on the books of the lodge, and making reports to the supreme clerk, all with the 'knowledge and acquiescence of the lodge. She assisted a new clerk, who subsequently took office, in making up her report and in performing other duties. Held, that such conduct was sufficient to constitute such person an assistant clerk, so that payments of dues and assessments to her by a member would bind the order, whether such payments finally reached the supreme body or not.</p> <p>3. Juey and Jurors — Immaterial Misconduct. The misconduct of a juror which does not affect the verdict is not ground for a new trial.</p>