Bybee v. Fireman's Fund Insurance

We have concluded that the writ of error in this case was improvidently granted.

The opinion of the Court of Civil Appeals is reported under the name and style of Fireman’s Fund Insurance Company v. D. C. Bybee in 322 S.W. 2d 657. We refer to that opinion for a full statement of the case and shall confine ourselves to such factual statements from the record as will make clear .the jurisdictional points upon which this opinion is based.

In his application for the writ, Bybee, as petitioner, relied upon subdivisions 2 and 6 of Article 1728, Vernon’s Ann. Texas Stats, and asserted that this is not…