Piedmont & Arlington Life Insurance v. Ray
Texas Supreme Court
Error from Rusk. Tried below before the Hon. R. S. Walker. On the 14th of October, 1874, Tresy Eay, for herself and as next friend of her children, brought suit against the Piedmont and Arlington Life Insurance Company on a policy of insurance issued by it to G. A. Eay, the husband and father of plaintiffs, for $2,500 in gold, for the benefit of plaintiffs.
Read the full summary
Error from Rusk. Tried below before the Hon. R. S. Walker. On the 14th of October, 1874, Tresy Eay, for herself and as next friend of her children, brought suit against the Piedmont and Arlington Life Insurance Company on a policy of insurance issued by it to G. A. Eay, the husband and father of plaintiffs, for $2,500 in gold, for the benefit of plaintiffs. On the 6th of November, 1874, defendant filed for answer general demurrer and special exceptions, general issue and special answer, in which it substantially states that plaintiff never complied with the terms of the policy, but failed to…
1Opinion of the Court
Moore, Chief Justice.
If it appears on the face of the petition that the subject-matter of the suit is not within the jurisdiction of the District Court, the defect in the petition maybe taken advantage of by general demurrer. But when the objection to jurisdiction is not for want of power in the court to hear and determine the subject-matter of the suit, but want of proper service because defendant is entitled to be sued in some other county, unless the defendant pleads to the jurisdiction of the court, or specially excepts to the petition, the objection is waived.
2. If the objection to the…
2Cited by35 opinions
- Government Personnel Mutual Life Insurance v. WearTexas Supreme Court · 1952
- Texas Western Railway Co. v. GentryTexas Supreme Court · 1888
- Brooke v. ClarkTexas Supreme Court · 1880
- Penrose v. Commercial Travelers Insurance Co.Idaho Supreme Court · 1954
- American Nat. Ins. Co. v. DonahueSupreme Court of Oklahoma · 1915
30 more not listed; retrieve them via the Exa API.