Pacific Fire Insurance v. Smith

This cause is before this court solely to review the action of the court of Civil Appeals in refusing to consider the original statement of facts of the petitioner, Pacific Fire Insurance Company, which action necessarily resulted in the affirmance of the trial court judgment upon a directed verdict denying it recovery against the respondent, Mack D. Smith, in connection with a subrogation claim in an insurance contract between the parties. 194 S. W. (2d) 583.

The judgment was rendered in the county court on July 26, 1945. Petitioner gave notice of appeal and duly and timely filed an "appeal…