However, this right would exist as a matter of law and would not involve any fact issue. It is urged by Fidelity Deposit that this case is controlled by the decision in Robinson v. Lovell, 238 S.W.2d 294 (Tex.Civ.App. — Galveston 1951, writ ref'd n.r.e.). In Robinson, the statement was made by way of dicta, without discussion, that since the insurance company had a cross-action for indemnity for any payment under its surety bond, it was entitled to exercise six separate peremptory challenges as well as the sheriff.