The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-03-11
LEGAL
published in The Topeka State Journal
March IL, 1881
SUPREME COURT SYLLABI.
No, 1859.
Jane Caldwell, Appellee,

Jane OdlOWells Appellee
VS.,
Modern Woodmen of America. Appellant
Appeal from Sedgwick County.
AFFIRMED
Syllabus BY the Court. Benson.
l. The principles pertaining to pre-
and unexplained absence for seven years
of a member of a fraternal order, stated
in Modern Woodmen V. Gordon, 72 Kan.
3Sl, 81 Pac HOO, and n Kan 40l, "a Pac
2. A member of a fraternal order hold
ing a beneficiary certificate left his home
and family in this state declaring his in
tention to go to California to find a new
location where his family should join him
later. Letters were received by his wife
at frequent intervals covering a period of
five or six months, purporting to have
been written by him at different places
in California The last of these letters,
save one, was mailed at Stockton, Cali
fornia and gave the information that the
writer was sick with small pox in a pest
house there. About ten days later the
last letter was received saying that he
had suffered relapse and was still IN
the pest house Afterwards his wife
wrote several letters addressed to him at
Stockton, but hearing nothing further
from him, November ., 1902, inquired
by letter of the postmaster at Stockton,
and was informed that her letters had not
been delivered. She then wrote for in
formation to the mayor and also to the
chief of police of that city; made inquiries
of officers and members of the local camp
OF which her husband was member, and
of his father, brothers and sister residing
engaged attorneys who published notice
in a newspaper at Stockton of his con-
finement in the pest house and dlSdp-
pearance, and through an officer of the
local camp caused like notice to be pub
1ished in the official paper OF the order,
but obtained tidings OF her missing
husband from these or any other source
of information. After he had been absent
for a considerable time she had a per-
sonal interview with the Head Consul or
the defendant to whom she related MS
disappearance and the information re
ceiyed about his sickness, and was ad-
vised by that officer to follow up all
clues and keep up the insurance payments
and that the amount OF her certlIlcate
would be paid in seven years from the
sIisappearance IL her husband was not
found Upon these facts and the circupn-
stances showing his relations to his fam
fly his age, occupation, financial stand
ing am the like, it was held that there
was sufficient evidence upon Whlch u
submit to the jury the question OF dill
gence in making inquiries
s. The rule that evidence excluded py
the court must be produced on motion
for a new trial in order to obtain re
view of the ruling excluding it, as de-
ciared in Clark V. Morris, " Kan -,
Pac -, is followed.
4 Where the presumption or oedtE
from unexplained absence for seven year,
sumption that the absentee died at any
particular time within that PERIOD, put
the time may be found by the jury from
the circumstances of particular case
when thew are of sufficient propatlI re
Sorce to warrant the submission of tie
Al the Justices concurring.
A.tsst. d A. VALENTINE.
TeeeI1 Clerk Supreme Court