KIRBY v. TRAVELERS INSURANCE CO.

No. 6628.

370 S.W.2d 912 (1963)

Myrtle B. KIRBY et al., Appellant, v. The TRAVELERS INSURANCE CO., Appellee.

Court of Civil Appeals of Texas, Beaumont.

Rehearing Denied October 9, 1963.


Attorney(s) appearing for the Case

Sample & Walker, Beaumont, Houston Thompson, Silsbee, for appellant.

Strong, Pipkin, Strong & Nelson, Beaumont, for appellee.


STEPHENSON, Justice.

This was a suit brought for death benefits under the Workmen's Compensation Law. Defendant filed a Plea in Abatement, denominated a motion to dismiss, on the ground that suit was not filed within 20 days after the notice of intention to appeal was given to the Industrial Accident Board.

Plaintiffs had paid a jury fee and had requested that this case be placed upon the jury docket. Counsel for plaintiff made the following statement to the...

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