Willie Lee Digby v. United States Fidelity and Guaranty Company

TUTTLE, Circuit Judge.

This appeal from a judgment of the trial court dismissing appellant’s suit under the Texas Workmen’s Compensation Law, Vernon’s Ann.Civ.St. art. 8306 et seq., presents two questions: (1) Whether the alleged failure of the appellant to institute and prosecute his suit within twenty days would deprive the trial court of jurisdiction over the law suit, and (2) whether the evidence and affidavits furnished sufficient basis for the trial court’s decision that there was a failure to prosecute the suit.

If the motion to dismiss the suit on the ground that the Texas court from…