American Life Ins. Co. of Alabama

158 So. 307, 229 Ala. 467, 1934 Ala. LEXIS 401

• Court: Supreme Court of Alabama
• Decided: December 20, 1934
• Docket: 6 Div. 608.
• Status: Published

Opinion

ANDERSON, Chief Justice.

The brief of appellants’ counsel seeks a reversal of this case upon the theory that the cases of Mutual Life Ins. Co. of New York v. Lovejoy, 201 Ala. 337, 78 So. 299, L. R. A. 1918D, 860; Id., 203 Ala. 452, 83 So. 591, are unsound and should be overruled or qualified. The'writer is impressed with the argument, and with Justices Somerville and Gardner dissented from the holding in the first case and also with Justice Gardner in the second case, Justice Somerville having joined the majority. However, the questions there decided must be regarded as stare decisis. Indeed, the contract of insurance in question was made after the rendition of these deei-sions,- and must be regarded with reference thereto and governed thereby.

The judgment of the circuit court is affirmed.

Affirmed.

BOULDIN, FOSTER, and KNIGHT, JJ., concur.