Indemnity Co. of America v. Mahaffey
Court of Appeals of Texas
Error from Tarrant County Court; W. P. Walker, Judge. Action by H. L. Mahaffey against the Indemnity Company of America and another. Judgment by default against the Indemnity Company after plaintiff had dismissed as to other party, and defendant Indemnity 'Company brings error.
1Opinion of the CourtSmith, J.
[1] We find among the papers an amicus curias “suggestion of certain material fatal errors which are apparent upon the record in” this cause, coupled with a motion to dismiss the writ of error because of such errors. The objections pointed out go to the sufficiency of the citation in error and the officer’s return thereon. Two of the objections are untenable, while the others are waived.by defendant in error, who signed an agreement, on file among the papers here, that plaintiff in error could file the transcript and record in this court, and file its briefs herein at any time before…
2Cases cited1 opinion
- Stephenson v. ChappellCourt of Appeals of Texas · 1896
3Cited by3 opinions
- Allstate Insurance Company v. Carl McKenzieCourt of Appeals for the Fifth Circuit · 1957
- Ohio Casualty Insurance Company v. TorresTexas Supreme Court · 1957
- Allstate Insurance Company v. Carl McKenzieCourt of Appeals for the Fifth Circuit · 1957