Jones v. Texas Indemnity Ins. Co.
| Decision Date | 22 March 1929 |
| Docket Number | (No. 560.) |
| Citation | 15 S.W.2d 1077 |
| Parties | JONES v. TEXAS INDEMNITY INS. CO. |
| Court | Texas Court of Appeals |
Appeal from District Court, Nolan County; Fritz R. Smith, Judge.
Suit by R. C. Jones against the Texas Indemnity Insurance Company. From a judgment sustaining a plea in abatement, plaintiff appeals. Affirmed.
White & Yarborough, of Dallas, for appellant.
W. H. Francis, A. S. Hardwicke, and Walace Hawkins, all of Dallas, for appellee.
The appeal is from a judgment sustaining a plea in abatement and dismissing the cause from the docket. The suit was an appeal from an alleged final ruling and decree of the Industrial Accident Board, and the plea in abatement presented the question of whether such board had ever made any final ruling or decree upon appellant's claim.
On February 23, 1928, White & Yarborough, attorneys, of Dallas, addressed a letter to the Industrial Accident Board, inclosing therewith a notice of injury, claim for compensation, affidavit of the claimant, and a contract between the attorneys and the appellant respecting attorneys' fees. This letter, with its inclosures, was received by the board on February 24th. On February 25th, the secretary of the board replied thereto in the following language:
On February 28th, John T. Spann, an attorney of Dallas, addressed a letter to the Industrial Accident Board regarding the same claim for a lump sum settlement, and inclosed therewith a claim and a contract and assignment between him and the claimant for attorney's fees. This assignment was dated prior to the one sent by White & Yarborough, but seems never to have been acknowledged by the claimant. This letter, with its inclosures, was received by the board on February 29th. On March 3d thereafter the secretary of the board replied to this letter, addressing his reply to Mr. John T. Spann and sending a carbon copy thereof to White & Yarborough. This reply was as follows:
On the same day, March 3d, and before the receipt of the carbon copy sent them, White & Yarborough addressed another letter to the Industrial Accident Board, presenting in a more formal manner appellant's claim for a lump sum settlement, making formal demand that the case be set down for hearing on the grounds of a lump sum settlement, and requesting that they be advised by return mail whether the case would be set down. Without awaiting a reply to that communication, and upon receipt of the carbon copy of the...
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