American States Ins. v. State Ex Rel. Jennings & Bowman

This cause is before this Court on a Petition to Transfer and is directed primarily to the Opinion and Order of the Appellate Court denying appellant’s Petition for Rehearing and Petition for Writ of Certiorari to correct the record. Four members of the Appellate Court voted to deny the petitions and four members voted to grant, with this tie vote thus resulting in a dismissal of the appeal.

The proceedings are essentially as follows: On September 26, 1967, summary judgment was entered by the trial court against appellant as to liability only, and the trial court set this matter for trial on…