Supreme Lodge Knights of Pythias v. Withers

by Henry Billings Brown

United States Supreme Court

177 U.S. 260

Supreme Lodge Knights of Pythias  v.  Withers

 Argued: March 6, 1900. --- Decided: April 9, 1900

This was an action originally begun in the circuit court of Hale county, Alabama, by Josephine R. Withers, to recover of the defendant the amount of a certain certificate or policy of insurance upon the life of her husband.

The case was removed to the circuit court of the United States for the middle district of Alabama, upon the petition of the defendant and upon the ground that the Supreme Lodge Knights of Pythias was a corporation organized by act of Congress, and hence that the controversy arose under the Constitution and laws of the United States.

The case was submitted to a jury upon an agreed statement of facts, and the court instructed a verdict for the plaintiff in the sum of $3,000, the amount of the policy, with interest, upon which verdict a judgment was entered for $3,392.54. The case was taken by writ of error to the circuit court of appeals, which affirmed the judgment. 59 U.S. App. 177, 89 Fed. Rep. 160, 32 C. C. A. 182. Whereupon the defendant sued out a writ of error from this court.

The facts, so far as they are material, are

Messrs.Aldis B. Browne, Alexander Britton, Thomas G. Jones, Charles P. Jones, and H. H. Field for plaintiff in error.

Mr. Edward de Graffenried for defendant in error.

Mr. Justice Brown delivered the opinion of the court:

Notes