Donley v. Travelers Ins. Co.

84 S.W.2d 815, 1935 Tex. App. LEXIS 764

Opinions

PER CURIAM.

At the time these cases (84 S.W.(2d) 818, 820) were submitted on oral argument, the attorney for the appellants in .each case frankly stated to the court that unless a motion for rehearing then pending in the Supreme Court in the case of Lincoln National Life Ins. Co. v. Anderson, 80 S.W.(2d) 294, should be granted, the judgment of the trial court in each of the above cases should be affirmed. It was stated that the question relied upon by the appellants for reversal of the judg'ments below was decided contrary to their contention by the Supreme Court in the above-mentioned case, and that it was conceived to be our duty to follow that opinion unless same was set aside or modified. on rehearing. Our information is that 'the motion for rehearing in that case has been overruled without any' modification of the holding in the original opinion. (Tex. Com. App.) 81 S.W.(2d) 1112. We accordingly direct that a judgment of affirmance be entered in each of the above cases.