Legal Opinion

United Mut. Fire Ins. Co. v. Talley

Court of Appeals of Texas

Decided April 30, 1919No. 6086PublishedCited by 7 opinions

Error from McLennan County Court; Jas. P. Alexander, Judge. Action by E. K. Talley against the United Mutual Eire Insurance Company. Prom a judgment for plaintiff, defendant brings error.

1Opinion of the CourtBrady, J.

This writ of error was sued out from a default judgment rendered in favor of defendant in error against plaintiff in error, upon a certain fire insurance policy. The grounds relied upon for a reversal are substantially that the plaintiff’s petition was subject to general demurrer and insufficient to support a judgment by default, and that there was no legal service.

[1] It is claimed that the petition was fatally defective because it did not allege that the property insured was destroyed by fire. The record discloses that plaintiff alleged the issuance to him by defendant for a valuable…

2Cases cited3 opinions

  1. Houston & T. C. R. R. Co. v. BurkeTexas Supreme Court · 1881
  2. Delaware Ins. Co. v. HuttoCourt of Appeals of Texas · 1913
  3. Missouri, Kansas & Texas Railway Co. v. Scoggin & DupreeCourt of Appeals of Texas · 1909

3Cited by7 opinions

  1. St. Paul Fire & Marine Ins. v. EarnestCourt of Appeals of Texas · 1927
  2. Panhandle & S. F. Ry. Co. v. MillerCourt of Appeals of Texas · 1931
  3. National Hardware & Stove Co. v. WaltersCourt of Appeals of Texas · 1933
  4. Chaffin v. Wm. J. Lemp Brewing Co.Court of Appeals of Texas · 1923
  5. Chaffin v. Wm. J. Lemp Brewing Co.Court of Appeals of Texas · 1923

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