Fidelity Union Casualty Co. v. Dapperman

MARTIN, J.. Appellee heretofore made a motion in this court to require the issuance of a mandate without payment of costs. This motion was overruled without written opinion, on the authority of Texas Employers’ Insurance Association v. Davidson (Tex. Civ. App.) 290 S. W. 871, and some older authorities of like character.

Since we have concluded that we were in error, we deem it necessary to here reproduce sufficient of the record to illustrate the basis of our viewpoint as to the law.

L.' B. Dapperman, acting by and through his mother, Priscilla Koester, and her husband, H. C. Koester, as his…