Cornell v. Am. Nat. Ins. Co.

Full title: CORNELL et ux. v. AMERICAN NAT. INS. CO

Court: Court of Civil Appeals of Texas, San Antonio

Date published: Jan 4, 1939

123 S.W.2d 705 (Tex. Civ. App. 1939)

Opinion

No. 10402.

January 4, 1939.

Error from District Court, Bexar County; Everett F. Johnson, Judge.

Action between Willie D. Cornell and wife and the American National Insurance Company. To review an adverse judgment, Willie D. Cornell and wife bring error.

Affirmed.

Charles W. Anderson and Frank Vaughan, both of San Antonio, for plaintiffs in error.

Claud J. Carter, of San Antonio, for defendant in error.

SMITH, Chief Justice.

In this cause plaintiff in error has filed no briefs, but defendant in error has filed briefs asking for affirmance. In such case it is our duty to affirm, if it appears that the judgment is one that can properly be affirmed under the view presented by defendant in error. Court of Civil Appeals Rule 39; Smoot's Tex.Ct. Rules, p. 254, and authorities there cited. Upon inspection of defendant in error's brief, we find such to be the case here, and, accordingly, the judgment must be affirmed.