291 S.W. 267 | Tex. App. | 1927
This suit was instituted by appellees against appellant, Fort Worth Mutual Benevolent Association of Texas, to recover the face of two policies of $1,500 each, written on the life of Guess Hamilton Simonton, payable to appellee Anna Weathers. The only service had on appellant was by citation served upon its president, John Estell, in Tarrant county. Appellant filed no answer, and judgment by default was rendered. The only question submitted in this court is as to the sufficiency of the service to support said judgment. Appellant contends that the only way legal service can be obtained on it is by serving the commissioner of insurance.
This identical question was involved in the case of Fort Worth Mutual Benevolent Association of Texas v. Petty (Tex.Civ.App.)
Because of the insufficiency of the service to authorize a judgment by default, the judgment of the trial court is reversed and the cause remanded.