ULMER v. UNITED STATES

No. 8070.

86 F.2d 52 (1936)

ULMER v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

October 21, 1936.


Attorney(s) appearing for the Case

Alphene W. Dowell, of Savannah, Ga., for appellant.

Keith L. Seegmiller, Atty., Department of Justice, of Washington, D. C., and Dunbar Harrison, Asst. U. S. Atty., of Savannah, Ga., for the United States.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.


SIBLEY, Circuit Judge.

A judgment was rendered for the United States in a suit by the administrator of Joseph Johnson which sought to recover war risk insurance payments made erroneously to the sisters and a brother of Johnson instead of to his widow and child to whom they should have gone. The undisputed facts are that Johnson during 1911, without any formal marriage, had a child by a woman under such circumstances as to make her his common-law wife. In 1918, while...

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