State Farm Mutual Insurance v. Smith

Cases should be decided on the facts as shown by the record and not on hypotheses which have no basis in the record before this court. We should decide the cases before us and not indulge in purely imaginary situations which may or may not be true. Let us see what the facts are as shown by the record.

I will refer to the two defendants as the first defendant and the second defendant. 1. The petition, process, and service all relate to the first defendant. 2. All pleadings filed were by an attorney in the name of the first defendant, both before and after plaintiff’s amendment. 3. Plaintiff’s…