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CASPER v. GENERAL INSURANCE COMPANY OF AMERICA

No. B-917.

431 S.W.2d 311 (1968)

Zelda W. CASPER, Petitioner, v. GENERAL INSURANCE COMPANY OF AMERICA, Respondent.

Supreme Court of Texas.

Rehearing Denied October 2, 1968.

Attorney(s) appearing for the Case

R. W. Fairchild, Nacogdoches, for petitioner.

Perkins & Perkins, Lufkin, for respondent.

PER CURIAM.

The court of civil appeals reversed the judgment of the trial court and remanded the cause for trial by reason of the non-joinder of a necessary party. 426 S.W.2d 606. The court of civil appeals says in its opinion, that the absence of the party presented a case of fundamental error. The case did not present a problem of fundamental error. In the course of the trial, the defendant discovered that the plaintiff was a...

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