Thomas v. Murphy

Mr. Judge SMEDLEY

delivered the opinion of the Commission of Appeals, Section B.

This case is ruled by Independent Life Insurance Company of America v. Work, 124 Texas, 281, 77 S. W. (2d) 1036; Dallas Storage & Warehouse Company v. Taylor, 124 Texas, 315, 77 S. W. (2d) 1031, and Millers Mutual Fire Insurance Company of Texas v. Wilkirson, 124 Texas, 312, 77 S. W. (2d) 1035, construing Subdivisions 28, 29 and 30 of Article 2092, Revised Civil Statutes of 1925, after the amendment of Section 28 by Chapter 70, Acts 5th Called Session, 41st Legislature, (1930).

Judgment was rendered in the trial…