Legal Opinion

Eakin v. Home Insurance

Texas Commission of Appeals

Decided December 7, 1881No. 1575, Op. Book No. 2, p. 562PublishedCited by 2 opinions

Appeal from Lamar County.

1Opinion of the Court

Opinion by

Walker, R. S., P. J.

§1234. Variance; allegation and proof; matter of identity not within the rule as to variance; insurance policy; description of property insured. Appellant sued appellee to recover insurance which he alleged was due him by appellee upon a policy of insurance issued upon appellant’s house, which had been destroyed by ñre. In the policy of insurance, the house insured was referred to as a “one story” house, and the plaintiff’s petition described it as a V one story ” house. The house insured was otherwise described in the policy of insurance and in the petition as…

2Cases cited3 opinions

  1. Mayman v. ReviereTexas Supreme Court · 1877
  2. Houston v. JonesTexas Supreme Court · 1849
  3. Mason v. McLaughlinTexas Supreme Court · 1856

3Cited by2 opinions

  1. Shelby v. StateCourt of Criminal Appeals of Texas · 1972
  2. Scham v. District Courts Trying Criminal CasesDistrict Court, S.D. Texas · 1997

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