Shaw

The record herein includes three appeals. To avoid confusion the parties will be denominated as “plaintiff” and “defendant”, and the appeals will be considered in the following order: (1) Appeal by defendant from a judgment entered on findings of fact and conclusions of law in favor of plaintiff for the sum of $1533 on an insurance policy issued to one James Manning, father of plaintiff. (2) Appeal by plaintiff from the same judgment. (3) Appeal by plaintiff from an order made after judgment striking her cost bill.

Appeal No. 1.

The defendant is a • mutual life and benefit association organized and operating under the provisions of the Civil Code relating thereto (secs. 452a to-453, inch). On March 29, 1930, defendant issued to James Manning its certificate of membership. For failure to pay the net semiannual premium the member was suspended, but on October 7, 1930, on the written application of Manning, his membership was reinstated. Thereafter he paid all premiums and assessments and dues required until his death, which occurred on September 17, 1931. In his application for reinstatement Manning represented that he had “not consulted a doctor during the past twelve months” and…