Legal Opinion

First Texas State Ins. Co. v. Hightower, Jr.

Texas Supreme Court

Decided June 25, 1919No. 3024Published

This was an original proceeding, in the Supreme Court brought by the First Texas State Ins. Co. to obtain writ of mandamus requiring respondents, the Chief Justice and Associate Justices of the Court of Civil Appeals for the Ninth Supreme Judicial District to certify to the Supreme Court quéstions of law in a case decided by them.

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This was an original proceeding, in the Supreme Court brought by the First Texas State Ins. Co. to obtain writ of mandamus requiring respondents, the Chief Justice and Associate Justices of the Court of Civil Appeals for the Ninth Supreme Judicial District to certify to the Supreme Court quéstions of law in a case decided by them. The rulings in question were made on appeal by the Insurance Co., from a judgment against it recovered in the County Court of Jasper County by Mrs. M. A. Burwick; and jurisdiction to issue the writ and determine the questions was asserted by relators on the ground…

1Opinion of the CourtJustice Greenwood

The respondent, Mrs. M. A. Burwick, sued the relator, First Texas State Insurance Company, in the County Court of Jasper County, to recover $750. The- trial was before a jury, to whom special issues were submitted, and, on the jury’s answers, judgment was entered for said respondent.

The relator did not file in the trial court a motion to set aside the jury’s verdict, nor any of their answers, on the ground that same lacked support in the evidence, but relator did object and except to the rendition of the judgment against it, and perfected an appeal, and included in the transcript both the…

2Cases cited4 opinions

  1. Edwards v. YoungbloodCourt of Appeals of Texas · 1913
  2. McKay v. ConnerTexas Supreme Court · 1908
  3. Varley v. Nichols-Shepard Sales Co.Court of Appeals of Texas · 1917
  4. Faulkner v. CassidyCourt of Appeals of Texas · 1905

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