Travelers Ins. Co. v. Jerry D. MacHann

I must dissent from the judgment denying the Motion for Rehearing. Upon the original . consideration of this case, I thought that since the statute, quoted in the opinion, only required that the interested party should within twenty days “bring suit in the county where the injury occurred”, and this suit was so brought, even if in an improper Court, that there had been sufficient compliance with the intent of the statute. However, upon further consideration of the question upon motion for rehearing, this does not appear a proper construction of the Texas law and overlooked the ruling in Price…