American Indemnity Co. v. Jamison

JOHNSON, Chief Justice.

Eor a statement of the case we refer to the opinion on former appeal, (Tex. Civ. App.) 42 S.W.(2d) 801, except as herein noted for the purpose of considering the matters presented on this appeal.

Appellant assigns as error the action of the trial court in sustaining appellee’s special exceptions to paragraphs 3 and 4 of defendant’s amended answer. The pleadings so stricken out allege, as a defense and estoppel to plaintiff’s right to recover, substantially, the following facts: That plaintiff was a married man; that the insured automobile was community property; that it…