Crites v. Modern Woodmen of America
Crites v. Modern Woodmen of America
Opinion of the Court
The facts in this case are recited in the former opinion, 82 Neb. 298. A rehearing was granted upon the question as to whether there was competent evidence of the making of the amendment to the by-laws of the order in 1903. In the former opinion it Avas held that by cross-examining a Avitness of defendant AA'hose deposition Avas taken, and by requesting a copy of the by-laws adopted by the Modern Woodmen in 1903 to be produced by the Avitness and attached to the deposition, the plaintiff had Avaived
The plaintiff contends that, by merely asking a witness on cross-examination to produce a paper in his possession and to make it a part of the deposition, he is not precluded from objecting to the introduction of the same in evidence, and that this portion of the deposition was never offered or received in evidence; but the record shows that the entire deposition was offered and received in evidence without objection, other than objections made by each party to specific questions. No objection was
It is further objected that tbe filing of tbe entire body of tbe constitution, by-laws and rules as amended biennially at tbe bead camp of tbe defendant association is not a compliance with tbe statute which requires each amendment to be certified and filed in tbe office of tbe auditor of state. We think this objection is purely technical. Tbe printed body of the laws is divided into numbered chapters and sections, with catchwords and page beads, and is thoroughly indexed, and any change made can be readily ascertained by a comparison of the pamphlet with tbe last previously filed. We think tbis substantially complies with tbe statute.
We are satisfied that, while tbe former opinion contained a few verbal inaccuracies, tbe law laid down therein was sound and tbe conclusion proper. For these reasons, tbe former opinion is adhered to.
Judgment accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.