# Fireman's Fund Insurance Company v. McDaniel

> Court of Appeals of Texas · September 9, 1959 · 327 S.W.2d 358

URL: https://www.frixlaw.com/law-library/cases/9769386

## Case

- **Full name:** FIREMAN’S FUND INSURANCE COMPANY, Appellant, v. Mabel McDANIEL Et Al., Appellees; D. L. ROSE, Appellant, v. Mabel McDANIEL Et Al., Appellees; Wayne DURHAM, Appellant, v. Mabel McDANIEL Et Al., Appellees
- **Court:** Court of Appeals of Texas
- **Decided:** September 9, 1959
- **Citations:** 327 S.W.2d 358; 1959 Tex. App. LEXIS 2064
- **Precedential status:** Published
- **Opinion:** On rehearing by Anderson
- **Judges:** Hightower, Anderson
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Disapproved — as noted by a later court.
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9769386

## Opinion text

On Rehearing
ANDERSON, Chief Justice.
Appellees and all of the appellants except Fireman’s Fund Insurance Company and Wayne Durham have seasonably filed motions for rehearing. Pending hearing of the motions, however, they have filed herein their joint motion, in which all parties to the suit have joined, requesting leave to withdraw their said motions for rehearing and that the mandate in the consolidated causes issue immediately. They represent that a settlement of the cases by agreement is pending and that issuance of the mandate will aid it. The motions to withdraw the motions for rehearing are accordingly granted, the motions for rehearing are dismissed, and it is ordered that the mandate issue immediately.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9769386. Public record. Not legal advice.