Sun Mut. Ins. Co. v. Roberts, Willis & Taylor Co.

• Court: Texas Supreme Court
• Writing for the Court: Brown
• Citation: Sun Mut. Ins. Co. v. Roberts, Willis & Taylor Co., 37 S.W. 311, 90 Tex. 78 (Tex. 1896)
• Decision Date: 15 October 1896
• Parties: SUN MUT. INS. CO. et al. v. ROBERTS, WILLIS & TAYLOR CO. et al.

37 S.W. 311

SUN MUT. INS. CO. et al. v. ROBERTS, WILLIS & TAYLOR CO. et al.

Supreme Court of Texas.

October 15, 1896.

Application for writ of error to court of civil appeals of Fourth supreme judicial district.

Actions by Roberts, Willis & Taylor Company and others against the Sun Mutual Insurance Company and against the Lancashire Insurance Company. Defendants apply for a writ of

error to review the judgments of the court of civil appeals for the Fourth supreme judicial district. 35 S. W. 955. Writ dismissed.

Morgan & Thompson, for applicants.

BROWN, J.

Two separate suits were filed in the district court,—one being styled Roberts, Willis & Taylor Company against the Sun Mutual Insurance Company, and the other the same plaintiffs against the Lancashire Insurance Company. The suits were upon different policies of insurance issued by each of the companies. The cases were both tried at the same time, and for the purpose of appeal were consolidated after trial; that is, one statement of facts was made out, and it was agreed that both cases should be tried by the court of civil appeals upon the one transcript. The policy of the Sun Mutual Insurance Company issued to Burge and Allen was for the sum of $1,000. This suit might have been brought in the county court, for which reason this court has no jurisdiction of this application. It is unnecessary to notice the application further in so far as it relates to the Sun Mutual Insurance Company. The policy of insurance issued by the Lancashire Insurance Company to Burge and Allen, upon which suit was instituted, was for the sum of $1,500. In the district court judgment was rendered for the defendant, which, upon appeal, was reversed, and remanded by the court of civil appeals. Application is made for a writ of error from that judgment, and it is claimed that this court has jurisdiction, for the reason that the decision of the court of civil appeals in holding that the "waiver of the breach of the policy by...