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STANDARD INSURANCE CO. v. TEAGUE BRICK & TILE CO.

Nos. 4661, 4662.

425 S.W.2d 63 (1968)

The STANDARD INSURANCE COMPANY, Appellant, v. TEAGUE BRICK & TILE COMPANY et al., Appellees. The STANDARD INSURANCE COMPANY, Appellant, v. Townsend CLARK, Individually and d/b/a Clark & Clark, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied March 7, 1968.

Dissenting Opinion March 7, 1968.

Attorney(s) appearing for the Case

John L. Bates, Waco, for appellant.

W. A. Keils, Jr., Teague, for appellees.

OPINION

WILSON, Justice.

Judgment in these non-jury actions was rendered August 16, 1967. There was no motion for new trial. The appeal bond was filed September 7, 1967. No notice of appeal in any manner prescribed by Rule 353, Texas Rules of Civil Procedure was given.

On August 25, 1967 a letter from appellant's counsel addressed to the district clerk was received by the clerk. It referred to the style and number of the cause and read: "I would...

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