Delaware Ins. Co. v. Hutto
Court of Appeals of Texas
Error to District Court, Coleman County; John W. Goodwin, Judge. Action by M. J. Hutto against the Delaware Insurance Company. There was a judgment for plaintiff, and defendant brings error.
1Opinion of the CourtRice, J.
This writ of error was sued out by plaintiff in error to reverse a judgment by default, rendered in favor of defendant in error, against it on a fire insurance policy, on the ground chiefly that said judgment was rendered without legal service, and that it had a meritorious defense, which it was prevented from setting up without fault on its part.
[1, 2] The petition alleged that the firm of Dumas, Zimmerman & Dibrell, composed of L. M. Dumas, R. E. L. Zimmerman, and Geo. Dibrell, was tbe local agents of plaintiff in error; and it questioned the sufficiency of the original return on-the…
2Cases cited6 opinions
- Houston & T. C. R. R. Co. v. BurkeTexas Supreme Court · 1881
- Continental Insurance v. MillikenTexas Supreme Court · 1885
- G., H. & S. A. R'y Co. v. GageTexas Supreme Court · 1884
- Watson v. NewshamTexas Supreme Court · 1856
- San Antonio & Aransas Pass Railway Co. v. WellsCourt of Appeals of Texas · 1893
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