United States Fidelity & Guaranty Co. v. Dowdle

I find myself at variance with the majority of the court on the law of this case. At a former day, the court reversed and rendered the cause in favor of appellant. I agreed to that disposition of the case at the time, but on careful reconsideration I cannot escape the conviction that the court committed error. I will state the grounds of my dissent.

The action of the majority is bottomed on the idea that the evidence is insufficient to raise the issue of the existence of a common-law marriage between Mary Dowdle, appellee, and Lucius Dowdle at the time of his death in February, 1918; that the…