State and County Mutual Fire Ins. Co. v. Kinner

While our jurisdiction of this case is predicated upon Article 1728, Sec. 6, Vernon’s Ann. Texas Stats., we granted writ of error because of our tentative opinion that the holding of the Court of Civil Appeals herein was perhaps contrary to the holding of this Court in Winfrey v. Girard Fire and Marine Ins. Co., 120 Texas 436, 38 S.W. 2d 1099, and the holding of the Court of Civil Appeals in Franklin Fire Insurance Co. v. Lindley, 80 S.W. 2d 798, in which a writ of error was refused.

To determine the matter before us it is necessary to examine the holdings of certain reported cases in the…