Legal Opinion · Dissent

Mutual Life Insurance Co. of New York v. Hayward

Texas Supreme Court

Decided June 14, 1895No. 315PublishedCited by 6 opinions

Application for writ of error to Court of Civil Appeals for First District, in an appeal from Harris Connty. The chief justice and the two associates being disqualified, the Governor appointed as special judges in this case and the next following, Hon. F. Charles Hume, chief justice; Hon. W. F. Ramsey and Hon. L. C. Alexander, associate justices.

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Application for writ of error to Court of Civil Appeals for First District, in an appeal from Harris Connty. The chief justice and the two associates being disqualified, the Governor appointed as special judges in this case and the next following, Hon. F. Charles Hume, chief justice; Hon. W. F. Ramsey and Hon. L. C. Alexander, associate justices. In application for writ of error it was alleged: In amended motion for rehearing, the appellee stated the proposition, that where suicide is sought to be established by circumstantial evidence, the evidence must be sufficient to exclude with…

1Dissent

YDISSENTING OPINION TO ORDER GRANTING WRIT OF ERROR.

I am constrained to dissent from the opinion of the majority of the court, both on the question of the jurisdiction of this court and of the right of applicant to the writ, if the jurisdiction were undoubted.

This was a suit by the applicant, Hayward, to recover on a life insurance policy, in the District Court of Harris County. There was a verdict and judgment for plaintiff, which judgment was reversed by the Court of Civil Appeals, on the sole ground that there was not sufficient evidence to support the verdict.

The defense of the insurance…

2Cited by6 opinions

  1. Dallas Morning News v. Fifth Court of AppealsTexas Supreme Court · 1992
  2. Home Benefit Ass'n v. Buro.Court of Appeals of Texas · 1928
  3. Illinois Bankers' Life Ass'n v. FloydTexas Commission of Appeals · 1920
  4. Texas & Pacific Railway Co. v. JohnsonCourt of Appeals of Texas · 1896
  5. Dallas Morning News v. Fifth Court of AppealsTexas Supreme Court · 1992

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