Legal Opinion

Texas Fire Insurance v. Berry

Court of Appeals of Texas

Decided July 27, 1903PublishedCited by 7 opinions

Appeal from the District Court of Jack. Tried below before Hon. J. W. Patterson.

1Opinion of the Court

SPEER, Associate Justice.

Upon a former appeal to this court the question of the sufficiency of the services of citation in the suit culminating in a default judgment, to enjoin the execution of which this proceeding was instituted, was decided adversely to appellant. Texas Fire Ins. Co. of Waco v. Berry, 67 S. W. Rep., 790. So it remains to be seen if appellant, in its bill, after alleging a meritorious defense, has shown that it was deprived of the right to make such defense under such circumstances as will entitle it to the writ of injunction. Upon this issue we quote from appellant’s brief…

2Cases cited5 opinions

  1. Houston & T. C. R'y Co. v. JacksonTexas Supreme Court · 1884
  2. Harn v. PhelpsTexas Supreme Court · 1886
  3. Nevins v. McKeeTexas Supreme Court · 1884
  4. Johnson v. MortonCourt of Appeals of Texas · 1902
  5. Clegg v. DarraghTexas Supreme Court · 1885

3Cited by7 opinions

  1. St. Paul Fire & Marine Ins. v. EarnestCourt of Appeals of Texas · 1927
  2. Thomas v. GoldbergCourt of Appeals of Texas · 1926
  3. Schultz v. BurkCourt of Appeals of Texas · 1921
  4. Crutcher v. WolfeCourt of Appeals of Texas · 1925
  5. Barton v. PochylaCourt of Appeals of Texas · 1922

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