Montana labor news., 1934-09-06

ELAaAEh0
In the District Court of the Second Judi
cial District of the State of Montana, in
and for the County Of Silver Bow
DORA (DORlNKA) MARkONlCH, Plain
tiff,
SERB NATIONAL FEDERATION, a corpora.
ton, and UB-ASSEMBLY THEREOF
KNOWN AS MONTENEGRlAN LITER
AIRY SOCIETY, SUB-ASSEMBLY No.
IS of BUTTE. MONTANA, and MILITIA
MARKOVlCH, Defendants.
THE STATE OF MONTANA SENDS
GREETING to MILITIA MARKOVlCH. one
Of the above named defendants;
You are hereby summoned to answer the
complaint of the plaintiff in this action
which was filed in the office Of the Clerk
of this court on September 10th, 1882, a
copy of which is herewith served upon you,
and to file your answer and serve a copy
thereof upon the attorneys of said plain
tiff within twenty days after the service
of this summons, exclusive Of the day OF
service and in case OF your failure to aP-
pear or answer. judgment will be taken
against you by default for the relief de-
manded in said complaint.
The above entitled action was brought
by the said plaintiff against the said de-
PENDANTS for the purpose OF recovering
Four Hundred Eighty-seven and ob /lO0
($487.66) Dollars, claimed to be due and
owing to her on Ordinary whole Life Policy
No. 3l44, issued by the defendant Serb
National Federation, a corporation, to INA
Markovich, a member OF the detenoant'
Montenegrlan Literary Society, Sub Assem-
bly, No. 80 of Butte, Montana, on October
tst, 1929, and in which defendant, Militia
Markovich, brother of the member was
named as beneficiary and it is alleged IN
the complaint that lila Markovich named
YOU. the defendant, as beneficiary therein
on October LIST, 1929, before he married
the plaintiff and before the birth OF the
child of himself and plaintiff, and when
he had no dependents legally entitled to
,,--o~t Lf him and that after his mar
rage with plaintiff, llija Markovich gave,
in accordance with the bylaws OF the said
defendant corporations and societies no
tice that the name of the beneficiary IN
said certificate of membership should be
changed to this plaintiff. That such no
tice was in writing, delivered to the lodge,
to-wit, about February, Z3rd, l93O, the
said lila Markovich giving written no
tice, demand and request in open meeting
to said sub-assembly No. 80, and a quorum
of members being present, that the bene.
ficiary named in said policy be changed
and the name of Dora Markovich, the
plaintiff, be inserted therein, and on Feb
ruary 23rd, 1880, the said lodge and sub
assembly No. 80 agreed to cause such
change to be properly made under the
bylaws of the order and that Dora Marko-
vich should be inserted in said certificate
and that Militia Markovich should be ex-
cluded, and that Dora Markovich should
be sole beneficiary Hereunder. The said
sub-assembly No. 80 agreed to reduce the
terms of said agreement to writing and to
issue a new policy in all respects the same
as the said policy except that the benefit
ciary should be this plaintiff instead OF
Militia Markovich. That said agreement of
said sub-assembly to change the benefit
ciary was reported to lila Markovich in
his life time and he believed the same had
been done.
That on the LIST day of July, 1880, lila
Markovich died from violent, external and
accidental means. That plaintiff gave no
tice and made proof of death to the other
said defendants That lila Markovich de-
livered the said policy to Dora Markovich
as her property and gave the same to her,
That since the beginning of this suit
Serb National Federation. a corporation
and Montenegrian Literary Society, Sub
assembly No. 80 of Butte, Montana, have
admitted liability on the said policy fol
the death of lila Markovich but have
claimed that they are unable to determine
whether the amount due and payable OF
said policy is due and payable to this
plaintiff or to you, Militia Markovich, q
defendant, and the said other defendants
besides yourself, have deposited in court
and placed in the hands of their attorney
James H.. Baldwin, and there is in anc
under the control of the court, Four Hun
bred Eighty-seven and So ZOO ($487.66l
Dollars, due upon the said policy and plain
tiff asks for judgment that she is the own
err of said sum and all thereof and thai
you, the defendant Militia Markovich, hav'
no Just claim to nor any ownership il
the said sum of money or any part there
of, and that the said sum and all thereo
be paid to the plaintiff.
WITNESS my hand and the seal of sale
court this 18th day Of August, A. D.. 1894
F. P. KELLY, Clerk.
By MARY O'BRlEN, Deputy Clerk.
COURT SEAL)
A. c.. SHONE,
H. L. MAURY,
32-35 Hirbour Bldg,
Butte, Montana,
Attorneys for Plaintiff.
First Publication August 10. l934--4T.